Va. Model Jury Instr. Civ. No. 7.010

The plaintiff contends that the defendant is liable because he permitted his vehicle to be used

by an unfit driver whose negligence, as a result of the unfitness, caused the accident. An unfit

driver is a person who, because of his [age; inexperience; physical condition; mental condition;

drug/alcohol impairment], is likely to use a motor vehicle in a manner involving unreasonable risk of

harm to others. Plaintiff must prove by the greater weight of the evidence that:

(1) defendant expressly or impliedly permitted (name of driver) to drive his vehicle; and

(2) (name of driver) was an unfit driver; and

(3) defendant knew, or should have known, that (name of driver) was an unfit driver; and

(4) (name of driver) was negligent as a result of the unfitness; and

(5) (name of driver)’s negligence was a proximate cause of plaintiff’s injuries.

Permission is express when it is given directly. Permission is implied when it is gathered from

the circumstances, general language, or conduct of the parties.