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Car Accidents and Personal Injury Cases in Virginia
DAVID K. McLAWHORN v. COMMONWEALTH OF VIRGINIA; Malicious Wounding, and Hit and Run Personal Injury
In this Supreme Court case David McLawhorn v. The Commonwealth of Virginia there were two counts against McLawhorn: Malicious Wounding and a Hit and Run which led to personal injury. The trial heard conflicting accounts that led to his arrest. The first account is from Police Officer Leslie Cox. According to the case file attached below, Officer Cox "saw a gray sports car drive onto a 7-Eleven parking lot, accelerate toward a woman walking on the sidewalk in front of the store and strike her. The front of the car made contact with the building. The driver then reversed the vehicle and drove behind the store" (McLawhorn v. Commonwealth). Cox identified McLawhorn as the vehicle's driver.Kelly Rathman (the victim), McLawhorn's fiancee at the time, said McLawhorn never hit her with the car. According to Rathman, the tires from the car ruptured when contact was made with the curb, making a startling noise, which made her fall. "The trial court found no evidence of injury to Rathman and granted the motion" (McLawhorn v. Commonwealth).
Regarding the personal injury charge, the trial did not find evidence of personal injury but found evidence of a motor vehicle accident, therefore convicting McLawhorn of misdemeanor hit and run.
McLawhorn v. The Commonwealth of Virginia
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