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 Attorneys Fees. and the related topic of personal injury.  For more information on attorney’s fees see the page on Wikipedia.

Attorneys Fees-Cases

2001 Tonti v. Akbari, 262 Va. 681, 553 S.E.2d 769.

Auto accident case. Defense sought to have plaintiff examined by defense examiner. Plaintiff issued subpoena for financial records of defense examiner and insurance carrier to establish financial relationship between the two. Defendant filed motion to quash. Trial court overruled motion to quash and awarded attorneys fees against defense counsel as “routine matter” pursuant to Rule 4:12. Supreme court rules that award of attorneys’ fees is never a routine matter. It further ruled that Rule 4:12(a)(4) does not provide authority for imposition of attorneys’ fees as sanctions against Tonti for filing motion to quash subpoena duces tecum to these non-parties.

1999 Holmes v. LG Marion Corp., 258 Va. 473, 521 S.E.2d 528.

Plaintiff sued for attorney’s fees, enhanced damages, and compensatory damages for willful violation of Consumer Protection Act, Magnuson-Moss Warranty Act, and common-law claims relating to sale of defective vehicle. Award of attorneys fees was substantially less than what plaintiff sought. The award was affirmed on appeal. The denial of enhanced damages by the court was affirmed. The dismissal of claim for implied warranty was erroneous, but the error was harmless because damages were recoverable under that claim would have been the same as under the Consumer Protection Act.

1992 Tazewell Oil Co. v. United Va. Bank, 243 Va. 94, 413 S.E.2d 611.

Ordinarily, expert testimony is necessary to assist fact finder in award of fees. In this case, it was not necessary because affidavit and detailed time records admitted were not refuted by the bank.

1988 State Farm v. Scott, 236 Va. 116, 372 S.E.2d 383.

Uninsured motorist carrier was not entitled to recover attorneys fees from primary carrier which had wrongfully denied coverage.

1987 C & P Tel. v. S & R, Inc., 234 Va. 492, 362 S.E.2d 723.

C & P allowed to recover attorney’s fees under AIA contract, paragraph 4.18.1.

1979 Flintkote v. Wilkinson, 220 Va. 564, 260 S.E.2d 229.

Flintkote required to indemnify other parties for attorney fees. Question of reasonableness may be for jury.

1960 Hiss v. Friedberg, 201 Va. 572, 112 S.E.2d 871.

Attorney fees generally not recoverable. Where breach of contract has plaintiff into litigation with third party he may recover reasonable attorneys fees for that litigation.