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 Courts and the related topic of personal injury.  For more information about courts in Virginia see the pages on Wikipedia.

Courts-Statutes

See Va. Code § 8.01-4, which goes into effect on July 1, 2000 indicating that district and circuit courts may prescribe rules for their respective courts but shall be limited strictly to those rules absolutely necessary to promote proper order and decorum and efficient use of courthouse facilities and clerk’s offices.

See Va. Code § 8.01-271.1, which authorizes trial courts to impose appropriate sanctions upon party or his attorney for filing pleading or making motion which is not well grounded.

See Va. Code § 16-1-69.25 indicating that general district courts have authority to issue subpoena duces tecum.

See Part 7B of Va. Sup. Ct. Rules on Civil Practice in General District Courts.

Courts-Cases

1997 Afify v. Simmons, 254 Va. 315, 492 S.E.2d 138

Prior to July 1, 1997, plaintiff not able to amend action removed from District Court to Circuit Court above jurisdictional amount of District Courts.

1991 Hurt v. Newcomb, 242 Va. 36, 405 S.E.2d 843.

Motion to disqualify judge must be made when party learns of grounds upon which motion is based. In this case court does not invoke that rule and accepts contention that parties could not have known at time of settlement discussions whether those discussions would improperly influence Court. Both parties conceded that generally, trial judge may properly inquire as to settlement negotiations. In this case, parties received fair and impartial trial, and as such there is no need for judge to order new trial after verdict.

1988 Norfolk & W. Ry. v. Sonney, 236 Va. 482, 374 S.E.2d 71.

Trial judge stated in front of jury that proffered evidence was in conflict with other evidence and that defendant had destroyed some evidence. This was reversible error when trial court refused to correct these statements and refused mistrial. Judge must not indicate by word or deed any opinion as to credibility of witness or as to weight or quality of evidence.

1982 Naccash v. Burger, 223 Va. 406, 290 S.E.2d 825.

Wrongful birth case. Court says there is no need to defer to legislature in recognizing this claim since it involves application of traditional tort principles.

1981 Godlewski v. Gray, 221 Va. 1092, 277 S.E.2d 213.

When case appealed to circuit court appeal bond must be posted within ten days.

1979 Fines v. Kendrick, 219 Va. 1084, 254 S.E.2d 108.

Decision of disputed questions of fact made by trial court sitting without jury has same effect as verdict of jury. Judgment will not be disturbed unless it is plainly wrong or without evidence to support it.

1971 Oak Knolls Realty v. Thomas, 212 Va. 396, 184 S.E.2d 809.

Comments on evidence by trial courts not permitted.

1971 King v. International Harvester, 212 Va. 78, 181 S.E.2d 656.

It is responsibility of this court to interpret its own rules.

1968 State Farm Mut. Ins. Co. v. Futrell, 209 Va. 266, 163 S.E.2d 181.

Objections to conduct of trial such as patience and tolerance towards plaintiff’s counsel, assistance in framing unnecessary hypothetical question and other matters were all directed to discretion of trial judge.

1967 Nationwide Mut. Ins. Co. v. Tuttle, 208 Va. 28, 155 S.E.2d 358.

Case appealed from general district court to circuit court. Ten percent damages allowed under Va. Code § 16-1-113 are due from date of judgment.

1964 Lee v. Artis, 205 Va. 343, 136 S.E.2d 868.

Court’s statement as to integrity and credibility of witness is error.

1961 Creteau v. Phoenix Assur. Co., 202 Va. 641, 119 S.E.2d 336.

Presumption exists that clerk of court acted properly.

1960 Ragsdale v. Jones, 202 Va. 278, 117 S.E.2d 114.

Questioning of medical witness by judge, which was simply repetitive of his prior testimony, was within permitted discretion of trial court. In any case, there were no objections to these questions.

1957 Cooper v. Davis, 199 Va. 472, 100 S.E.2d 691.

Allegedly improper comment by court on aspect of damages was cured by cautionary instruction to jury that they are sole judges of fact.

1955 Spence v. Miller, 197 Va. 477, 90 S.E.2d 131.

During course of defendant’s cross-examination, judge remarked that it was court’s observation defendant was reluctant to give straightforward answers. It was judge’s duty to point out to jury that he was expressing his opinion as to defendant’s credibility. Failure to so instruct was reversible error.

1949 Hoffman v. Stuart, 188 Va. 785, 51 S.E.2d 239.

Jurisdiction of circuit court on appeal from general district court is derivative and if general district court had no jurisdiction then circuit court acquired none. This does not apply when defendant removes action to circuit court.

1946 Stacy v. Mullins, 185 Va. 837, 40 S.E.2d 265.

On appeal of action from trial justice, plaintiff may not in circuit court amend his complaint to claim amount in excess of jurisdiction of trial justice.

1944 Kirby v. Moehlman, 182 Va. 876, 30 S.E.2d 548.

Discussion of when court as matter of law may find testimony of witness inherently incredible.

1943 Acme Mkt. v. Remschel, 181 Va. 171, 24 S.E.2d 430.

Discussion of role of court and jury as to resolving issues and when issue becomes question of fact or law.