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 Assault Miscellaneous and the related topic of intentional torts.For information about assault issues see the pages on Wikipedia.

Assault-Cases

2016 Haynes v. Haggerty,
Plaintiff alleged sexual abuse that occurred while she was a minor. The behavior occurred beginning in 1971 and continued through 1975. The statute of limitations expired upon the plaintiff’s 20th birthday which was prior to the effective date of Title 8.01. Code § 8.01-249(6) does not apply to these claims and therefore they are time barred.

2004 Etherton v. Doe, 268 Va. 209, 597 S.E.2d 87.
In this non-contact auto altercation, plaintiff alleged road rage on the part of John Doe constituting assault and willful and wanton conduct. In regards to assault, there is no requirement that victim be physically touched. Jury issues presented as to both claims.

259 Va. 179, 523 S.E.2d 246.
Sex discrimination claim based upon Virginia Human Rights Act and common-law action. Virginia Human Rights Act does not bar common-law action for wrongful termination of employment based on violation of public policies not reflected in the Human Rights Act when the conduct alleged also violates a public policy reflected in the Human Rights Act.

1981 Harris v. Bankers Life & Cas. Co., 222 Va. 45, 278 S.E.2d 809.
Accident, unless otherwise defined in policy, is undesigned, sudden and unexpected event that takes place without one’s foresight or expectation. Jury issue presented as to whether stabbing was accident.

1979 Lane v. Scott, 220 Va. 578, 260 S.E.2d 238.
Shooting case. Conflicting evidence as to whether decedent was intruder presented jury issue.

1956 Pike v. Eubanks, 197 Va. 692, 90 S.E.2d 821.
Upon proof that plaintiff was struck by defendant with pistol butt, prima facie case of assault and battery was made, and it was error to tell jury that defendant must be shown by plaintiff to have acted willfully. Those who aid or encourage assailant are equally liable.