Duncan v. Hixon

Rene Duncan, the defendant at trial, appeals a judgment in the amount of $25,000 in favor of Rebecca Hixon. Hixon suffered personal injuries when she was struck by an automobile driven by Duncan. Duncan contends the court erred in admitting evidence that she was operating the automobile in violation of Code § 46.1-357(2) and in instructing the jury that this violation constituted negligence.

At the time of the accident, Duncan was fifteen years old and held a temporary instruction permit. Code § 46.1-357(2) allows the holder of such a permit to operate a motor vehicle “when accompanied by a…