Hancock-Underwood v. Knight, 277 Va. 127

Summary

The Supreme Court of Virginia affirmed a judgment for Richard I. Knight arising from an automobile collision involving Melvin Ray Hancock. The court held that Virginia trial courts may not instruct juries on unavoidable accident and that the proposed sudden-emergency instruction was unsupported because Hancock became unconscious and took no action after the alleged medical crisis. The court also discussed the evidence required to support requested jury instructions.

Holdings

1. It is error to instruct a jury on unavoidable accident; Virginia abandons its prior practice of permitting such instructions in narrow circumstances.
2. The trial court did not err in refusing the particular sudden-emergency instruction because the evidence showed that Hancock became unconscious and took no immediate action; the proposed instruction was therefore unsupported by the evidence.

Questions Presented

1. Whether the trial court erred by refusing to give an unavoidable-accident jury instruction.
2. Whether the trial court erred by refusing to give the proffered sudden-emergency jury instruction when the evidence indicated that Hancock suffered a medical crisis and became unconscious.

Disposition

affirmed