Tort Law

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 Appeal Miscellaneous and the related topic of personal injury. For more information on appeal and related topics see the page on Wikipedia.

Appeal Miscellaneous-Cases

2001 America Online, Inc. v. Anonymous Publicly Traded Co., 261 Va. 350, 542 S.E.2d 377.

Appeal miscellaneous.Anonymous corporation sought subpoena duces tecum requiring internet service provider to disclose identities of John Doe defendants who allegedly defamed corporation and published confidential material on internet. Trial court improperly refused to quash subpoena or enter protective order. Since action was brought under Uniform Foreign Deposition Act, this was a final order. Supreme court held that corporation could not proceed anonymously under the Uniform Foreign Deposition Act. Although there is no absolute bar against a party proceeding anonymously in a lawsuit, court must consider constitutional mandate of openness of judicial process and only in unusual circumstances involving irreparable harm would anonymity be allowed. The underlying action had been initiated in Indiana, although comity is to be encouraged among court systems, it is not obligatory in this instance and supreme court chose to disallow action in anonymous fashion.

1997 Citizen’s Bank & Trust v. Crewe Factory Sales, 254 Va. 355, 492 S.E.2d 826.

Voluntary payment of judgment deprives payor of right of appeal. In this case there had been no attempt at execution on judgment.

1986 Thurston Metals & Supply Co. v. Taylor, 230 Va. 475, 339 S.E.2d 538.

Only when fair-minded persons can reach but one conclusion from facts will question become one of law for court.

1959 Memorial Hosp. v. Oakes, 200 Va. 878, 108 S.E.2d 388.

Abandonment of rule on charitable immunity by judicial decision would be retroactive and give life to tort claims not barred otherwise.