Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Pleadings-Defensive. For more information on pleadings see the pages on Wikipedia. 

Pleadings-Defensive Statutes

See Va. Code § 8.01-274 as to motion to strike defensive pleadings.

Pleadings-Defensive Cases

2008 Schmidt v. Household Finance Corp., 276 Va. 108, 661 S.E.2d 834.

The purpose of a plea in bar is to reduce litigation to a distinct issue of fact which if proven creates a bar to plaintiff’s right of recovery.

1992 The Kroger Co. v. Appalachian Power Co., 244 Va. 560, 422 S.E.2d 757.

Plea in Bar is defensive pleading that reduces litigation to single issue. Upon agreement of parties that issue may be submitted for trial court’s determination.

1988 Nelson v. Commonwealth, 235 Va. 228, 368 S.E.2d 239.

Defendant allowed to assert statute of limitations defense thirteen days before trial. No suggestion of prejudice to plaintiff. Plaintiff did not request continuance.

1964 Lumberman’s Mut. Cas. Co. v. Hodge, 205 Va. 36, 136 S.E.2d 187.

Defendant properly limited as to evidence since defendant’s answer did not controvert plaintiff’s allegation of timely notice nor raise issue of lack of notice.