HERR v. WHEELER

Record No. 051825.

634 S.E.2d 317 (2006)

Gene Robert HERR, II v. Frances Stuart WHEELER.

Supreme Court of Virginia.

September 15, 2006.


Attorney(s) appearing for the Case

Norman Lamson, Charlottesville, for appellant.

Caroline D. Bragg (John P. Cattano; Cattano Law Firm, on brief), for appellee.

Amicus Curiae: The Virginia Trial Lawyers Association; Malcolm P. McDonnell, III (Allen, Allen, Allen & Allen, on brief), in support of appellant.

Present: All the Justices.


OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the trial court erred in giving a "sudden emergency" jury instruction in an automobile accident liability case premised upon the defendant's evidence that her vehicle "hydroplaned" during a rainstorm.

BACKGROUND

As this appeal is limited to the issue of whether the trial court erred in granting a "sudden emergency" jury instruction proffered by the defendant below, now...

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