HOWELL v. CAHOON

Record No. 850949.

372 S.E.2d 363 (1988)

Louella HOWELL, Administratrix, etc. v. Robin A. CAHOON.

Supreme Court of Virginia.

September 23, 1988.


Attorney(s) appearing for the Case

Glenn B. McClanan, Virginia Beach, for appellant.

Paul D. Fraim (Heilig, McKenry, Fraim & Lollar, Norfolk, on brief), for appellee.

Present: All the Justices.


CARRICO, Chief Justice.

In this wrongful death case, the sole assignment of error concerning the question of liability involves the trial court's action in granting a defense instruction on sudden emergency. Finding the court's action erroneous, we will reverse.

On November 9, 1984, Edward Allen Howell was killed while riding as a passenger in a pickup truck operated by Robin A. Cahoon. On January 2, 1985, Howell's mother, acting as administratrix of his estate...

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