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 the standard of review on appeal or Appeal Standard of Review and the related topic of personal injury.  For more information on appeals see the page on Wikipedia.

Appeal Standard Of Review-Cases

2011 Dunn, McCormack & MacPherson v. Connolly, 281 Va. 553, 708 S.E.2d 867.
The standard of review for a demurrer is de novo.

2010 Hawthorne v. VanMarter, 279 Va. 566, 692 S.E.2d 226.
Whether jury instruction accurately states the relevant law is a question of law and is reviewed de novo.

2008 Schmidt v. Household Finance Corp., 276 Va. 108, 661 S.E.2d 834.
In reviewing the decision to grant a demurrer the Supreme Court reviews that decision de novo. This is the appeal standard of review.

2008 Ayala v. Aggressive Towing and Transport, 276 Va. 169, 661 S.E.2d 480.
In this auto accident case trial court admitted judgment of conviction involving non-party. That is a question of law that the Supreme Court reviews de novo. This is the appeal standard of review.

2001 Yuzefovsky v. St. John’s Wood Apartments, 261 Va. 97, 540 S.E.2d 134.
Demurrer admits facts as pleaded and those to be reasonably inferred. Demurrer does not admit conclusion of law. In reviewing order granting demurrer, court may only look at operative pleading unless prior pleading was incorporated.The appeal standard of review is de novo.

1999 Simbeck, Inc. v. Dodd Sisk Whitlock Corp., 257 Va. 53, 508 S.E.2d 601.
When plaintiff’s verdict is set aside by trial court, then verdict is not entitled to same weight on appeal as one that has received trial court’s approval. On appeal, court will accord plaintiff benefit of all substantial conflicts in evidence and all reasonable inferences that may be drawn from it.The appeal standard of review is abuse of discretion.

1997 Commercial Business Sys. v. Halifax Corp., 253 Va. 292, 484 S.E.2d 892.
Appeal standard of review.When verdict of jury has been set aside by trial court, then verdict is not entitled to same weight as one that has received trial court’s approval. In considering facts under these circumstances, court will accord plaintiff benefit of all substantial conflicts in evidence and all reasonable inferences that may be drawn from evidence.

1994 Thomas v. Settle, 247 Va. 15, 439 S.E.2d 360.
Appeal standard of review.Even though trial court disapproved verdict of jury, Supreme Court must consider evidence in light most favorable to party prevailing below, drawing all reasonable inferences from evidence.

1991 Blondel v. Hays, 241 Va. 467, 403 S.E.2d 340.
Appeal standard of review.Although defendant prevailed at trial, Supreme Court must review evidence pertinent to plaintiff’s refused instructions in light most favorable to plaintiff.

1987 Deskins v. T.H. Nichols Line Contractor, 234 Va. 185, 361 S.E.2d 125.
Where jury verdict has been disapproved by trial judge, it is not entitled to same weight as verdict that has been approved. Even so, evidence must be viewed in light most favorable to prevailing party.

1987 Keller v. Denny, 232 Va. 512, 352 S.E.2d 327.
Constitutional questions will not be decided on appeal if record permits final disposition of case on nonconstitutional grounds.

1982 Dutton v. Locker, 224 Va. 535, 297 S.E.2d 814.
In successive trials, court will consider errors in order committed.

1982 Dwyer v. Yurgaitis, 224 Va. 176, 294 S.E.2d 792.<
Judgment of the trial court will not be disturbed unless it is plainly wrong or without evidence to support it.The appeal standard of review is abuse of discretion.

1982 Swisher v. Swisher, 223 Va. 499, 290 S.E.2d 856.
Where there are several inferences that might be drawn from evidence, then Supreme Court must adopt those favorable to party prevailing below.

1981 Floyd S. Pike Elec. Contractor v. Commissioner, Dep’t of Labor & Indus., 222 Va. 317, 281 S.E.2d 804.
On appeal trial court’s findings must be reviewed in light most favorable to finding.The appeal standard of review is abuse of discretion.

1981 Goodstein v. Allen, 222 Va. 1, 278 S.E.2d 787.
Supreme Court will uphold trial court, even though no reason assigned for decision, if ruling is right for either reason.

1977 Baird v. Dodson Bros. Exterminating Co., 217 Va. 745, 232 S.E.2d 770.
If there was any credible evidence to support verdict, then trial court erred in setting it aside. The appeal standard of review is abuse of discretion.

1975 Neighbors v. Moore, 216 Va. 514, 219 S.E.2d 692.
Where jury has returned verdict for plaintiff and trial court has overturned evidence on appeal, it must still be looked at in light most favorable to plaintiff.

1975 Surface v. Johnson, 215 Va. 777, 214 S.E.2d 152.
When trial court sustained motion to strike plaintiff’s evidence on review, evidence and all reasonable inferences therefrom will be viewed in light most favorable to plaintiff.

1974 M.W. Worley Constr. Co. v. Hungerford, Inc., 215 Va. 377, 210 S.E.2d 161.
Finding of trial court is entitled to weight of jury verdict and will be upheld so long as there is evidence to support it. Here, evidence not sufficient. The appeal standard of review is abuse of discretion.

1974 Reagan v. Reagan, 215 Va. 222, 207 S.E.2d 888.
Plaintiff comes to Supreme Court with jury verdict in her favor; we must view evidence and all reasonable inferences therefrom in light most favorable to her.

1974 Raisovich v. Giddings, 214 Va. 485, 201 S.E.2d 606.
Error invited by party seeking reversal will not be considered by Supreme Court.

1973 Johnson v. Slusher, 213 Va. 728, 195 S.E.2d 871.<
Verdict disapproved by trial court does not come to Supreme Court with same weight it would ordinarily be accorded. But when there is nothing inherently incredible about plaintiff’s evidence, jury had right to believe it. Error to set aside verdict.

1972 Travelers v. Lobello, 212 Va. 534, 186 S.E.2d 80.
Verdict against both defendants reversed as to co-defendant. Defendant who invited error cannot benefit from it and seek reversal.

1970 Riley v. Harris, 211 Va. 359, 177 S.E.2d 630.
Since jury verdict favored defendant, appellate court will consider evidence in light most favorable to her.

1966 Guill v. Aaron, 207 Va. 393, 150 S.E.2d 95.
Verdict that has been approved carries more weight on appeal than verdict that has not been approved by trial judge.

1966 Phillips v. Stewart, 207 Va. 214, 148 S.E.2d 784.
Plaintiff whose evidence has been struck is entitled to have evidence viewed in light most favorable to him on appeal.

1963 Commonwealth v. McNeely, 204 Va. 218, 129 S.E.2d 687.
So long as jury verdict is supported by credible evidence, it should not be overturned.

1962 Allen v. Brooks, 203 Va. 357, 124 S.E.2d 18.
Jury verdict approved by trial court is viewed in light most favorable to successful party and is not to be reversed unless plainly wrong.

1960 Wong v. Terminal Cars, Inc., 201 Va. 564, 111 S.E.2d 799.
Verdict which has been disapproved by trial court is not entitled to same weight on appeal as one approved.

1958 Simmons v. Boyd, 199 Va. 806, 102 S.E.2d 292.
Appeal standard of review.It is practice of appellate courts to consider errors in order committed.

1957 Seaboard Ice Co. v. Lee, 199 Va. 243, 99 S.E.2d 721.
Judgment of trial court is presumptively correct and will not be set aside unless it appears from evidence that it was plainly wrong.

1956 Judge v. Burton, 198 Va. 664, 96 S.E.2d 120.
Where case has been tried to conclusion twice, Supreme Court will pass upon errors in order they are committed. If there was error at first trial, court cannot consider evidence taken at second trial.

1949 Butler v. Darden, 189 Va. 459, 53 S.E.2d 146
Verdict set aside by trial court not entitled to same weight as one approved.

1949 Richmond Oil Equip. Co. v. W. T. Holt, Inc., 189 Va. 334, 53 S.E.2d 11.
Unless judgment of trial court is plainly wrong or without evidence to support it, we must affirm.

1949 Whitfield v. Cox, 189 Va. 219, 52 S.E.2d 72.
Jury verdict approved by trial court is not to be disturbed if supported by credible evidence.

1949 Tidewater Stevedoring Corp. v. McConnick, 189 Va. 158, 52 S.E.2d 61.
When trial court sits as fact finder, finding will not be disturbed unless it is against plain preponderance of evidence.

1948 Hooper v. Hancock, 188 Va. 345, 49 S.E.2d 711.
When evidence is certified by trial court, judgment shall not be set aside unless it appears from evidence that such judgment is plainly wrong.

1948 Schools v. Walker, 187 Va. 619, 47 S.E.2d 418.
Verdict disapproved by trial court not entitled to same weight as one approved.The appeal standard of review is abuse of discretion.

1948 Marks v. Ore, 187 Va. 146, 45 S.E.2d 894.
In auto accident cases, verdict of jury, fortified by approval of trial court, where there is evidence to support verdict, settles all questions of fact involving negligence or contributory negligence.

1946 Rook v. Atlantic Coast Line R.R., 184 Va. 670, 36 S.E.2d 559.
Party cannot be allowed to occupy position in this court inconsistent with that taken in trial court.

1945 Cooke v. Griggs, 183 Va. 851, 33 S.E.2d 764.
Verdict of jury will not be disturbed where there is sufficient credible evidence to support it.

1945 Braxton v. Flippo, 183 Va. 839, 33 S.E.2d 757.
Verdict that has been disapproved by trial judge is not entitled to same weight on appeal as one that has been approved.The appeal standard of review is abuse of discretion.

1944 House v. Hall, 182 Va. 645, 29 S.E.2d 844.
On appeal, evidence must be viewed in light most favorable to party prevailing below.

1943 Beamer v. Virginian Ry., 181 Va. 650, 26 S.E.2d 43.
Fact that court set aside verdict on wrong ground will not require reversal if result is correct.

1943 Orndorff v. Howell, 181 Va. 383, 25 S.E.2d 327.
When court is reviewing verdict, it must consider all evidence and draw all inferences therefrom in light most favorable to litigant who obtained verdict. Special emphasis is added when such verdict is approved by experienced trial judge.

1943 Brann v. F.W. Woolworth, 181 Va. 213, 24 S.E.2d 424.
Where there have been two trials in case, Supreme Court will look to first trial first to determine if there is error.