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This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Sleep. For more information about traffic collisions see the pages on Wikipedia.
1957 Smith v. Smith, 199 Va. 55, 97 S.E.2d 907.Opinion that defendant must have fallen asleep inadmissible. Going to sleep while driving is negligent, but whether it is gross negligence is jury question in view of defendant’s failure to explain why he went to sleep.
1955 Newell v. Riggins, 197 Va. 490, 90 S.E.2d 150.Fact that defendant fell asleep at wheel established prima facie case of negligence but did not establish gross negligence as matter of law.
1943 Lipscomb v. O’Brien, 181 Va. 471, 25 S.E.2d 261.Sleeping while driving justifies inference of negligence, sufficient to make prima facie case if no mitigating circumstances are proved.
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