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Byline: Virginia Lawyers Weekly Staff
Pedestrian was crossing residential intersection. Car pulled from stop sign approximately 92 feet from impact with pedestrian. Due to injuries received, pedestrian had no memory of stepping off the sidewalk prior to being hit. Pedestrian testified to his habit of always looking before crossing street. Testimony showed pedestrian was hit three-five feet into the roadway, after negotiating snow piled on the side of the road.
Defendant alleged contributory negligence. However, defendant admitted to being blinded by the sun in the middle of the intersection, and to knowing that the sun would be in his eyes due to his familiarity with the intersection. However, defendant did not slow down or stop. Defendant never saw pedestrian before impact. Parties stipulated to ...