Russ v. Destival

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 for judgment against James Destival, the appellee, claiming damages for personal injuries allegedly sustained as a result of an accident that occurred at…