RUSS v. DESTIVAL

Record No. 030892.

593 S.E.2d 201 (2004)

267 Va. 458

Howell RUSS v. James DESTIVAL.

Supreme Court of Virginia.

March 5, 2004.


Attorney(s) appearing for the Case

Edward L. Weiner (Lawson D. Spivey, III; Weiner & Associates, on brief), Fairfax, for appellant.

Julia B. Judkins (Trichilo, Bancroft, McGavin, Horvath & Judkins, on brief), Fairfax, for appellee.

Present: All the Justices.


KINSER, Justice.

The sole question in this appeal is whether a jury instruction stating that a bicyclist has a duty to refrain from entering or crossing an intersection in disregard of "close or approaching" traffic is an inaccurate statement of law. In light of the plain terms of Code 46.2-924(B), we answer that question in the affirmative and thus conclude that the circuit court erred in granting the instruction.

Howell Russ, the appellant, filed a motion...

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