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 Conflict of Laws and the related topic of personal injury.For more information on conflict of laws issues see the pages on Wikipedia.   

Conflict of Laws-Cases

2006 Dreher v. Budget Rent-A-Car Sys., Inc., 272 Va. 390, 634 S.E.2d 324.In this auto accident case, trial court should have applied New York contract law since the involved vehicle was rented under a contract entered into in New York. New York imposes vicarious liability on a vehicle owner for injuries caused by permissive user. The Virginia conflict of laws principle requires that New York law be applied since the vehicle was rented there.

1993 Jones v. R.S. Jones & Assocs., 246 Va. 3, 429 S.E.2d 875.Conflict of laws.Law of place of injury will govern as to all matters going to basis of right of action itself, while law of forum controls all that is connected with remedy. In this wrongful death action where death occurred in State of Florida, court held that limitation period is as much part of statute creating wrongful death actions as if it was contained within that section itself, and as such limitation period will be deemed to be substantive. Therefore, two-year limitation period of Florida applies rather than one-year catchall of Virginia.

1992 Besser Co. v. Hansen, 243 Va. 267, 415 S.E.2d 138.Products liability case. UCC provides that, in absence of agreement of parties, Virginia law will apply to transactions bearing appropriate relation to Virginia. Virginia law applied in this case since product built for use in Virginia, installed in Virginia and injury occurred in Virginia.

1981 Nerro v. Ferris, 222 Va. 807, 284 S.E.2d 828.Plaintiff could not domesticate California personal injury judgment against Virginia resident where plaintiff was collaterally estopped from relitigating jurisdictional fact determined in earlier case. In enforcing foreign judgment, court may look at jurisdiction over person and subject matter.

1979 McMillan v. McMillan, 219 Va. 1127, 253 S.E.2d 662.In resolving conflict of laws, settled rule in Virginia is that substantive rights of parties in multistate tort action are governed by law of place of wrong.

1973 Willard v. Aetna Cas. & Sur. Co., 213 Va. 481, 193 S.E.2d 776.North Carolina uninsured motorist statute allowing direct action against insurer was substantive and would be applied to action in Virginia court alleging injury from accident in Virginia.

1962 Nationwide Ins. Co. v. Cole, 203 Va. 337, 124 S.E.2d 203.Both parties agreed that since insurance policy was written in North Carolina that law would control.

1958 Sherley v. Lotz, 200 Va. 173, 104 S.E.2d 795.Accident occurred in Tennessee. Tennessee WDA prescribes no limitation. When statute imposing liability and creating remedy does not itself specify limitation, but leaves matter to be governed by general statute of limitations, then law of forum will govern this issue. Since action was not brought under Virginia WDA, limitation contained therein is not applicable. Instead, general statute of limitations of Virginia controls.

1951 Atlantic Coast Line R. R. v. Withers, 192 Va. 493, 65 S.E.2d 654.Lex loci delicto is conflicts rule for torts.

1949 Taylor v. Taylor, 189 Va. 753, 53 S.E.2d 820.Automobile accident in Florida. In action arising out of accident, rights and liabilities of parties are controlled by laws of state in which accident occurred.