Boyette v. Sprouse (ORDER)

Syllabus

01/23/2025 Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is no reversible error in the judgment of the Court of Appeals, holding that the trial court did not abuse its discretion by giving a \sudden emergency\ instruction because there was more than a scintilla of evidence that would permit a jury to find that defendant was confronted with a sudden emergency when a plaintiff was blinded by headlights and hit a dog in the road, before being hit by defendant's vehicle. Accordingly, the Court affirms the judgment of the Court of Appeals for the reasons stated in Boyette v. Sprouse, 79 Va. App. 558 (2024). This order shall be published in the Virginia Reports and certified to the Court of Appeals of Virginia and the Circuit Court of Goochland County.