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 Curves and the related topic of vehicle accidents.  For more information about curves in roads see the page on Wikipedia. 

Curves-Cases

1973 Williams v. Vaughan, 214 Va. 307, 199 S.E.2d 515.

Defendant operated vehicle around S-curve at excessive speed. Jury issue as to excessive speed.

1969 Nichols v. Brizendine, 210 Va. 158, 169 S.E.2d 457.

Defendant accelerated his vehicle while entering into very dangerous curve with which he was very familiar. Jury question as to gross negligence.

1968 Sturman v. Johnson, 209 Va. 227, 163 S.E.2d 770.

Plaintiff guest injured when defendant driver’s vehicle left highway on dangerous curve. Evidence that defendant was voluntarily speeding around 90 mph. Jury could have found that defendant foolhardily tried to negotiate hazardous curve at highly excessive rate of speed, lost control, and ran off highway. Error to strike plaintiff’s evidence on either gross or ordinary negligence.

1966 Smith v. Prater, 206 Va. 693, 146 S.E.2d 179.

Courts take notice of fact that it is impossible to drive automobile around curves at high or suddenly accelerated speed without going out of lane or sliding or causing passengers to shift in their seats.

1955 Lane v. Hampton, 197 Va. 46, 87 S.E.2d 803.

Plaintiff’s decedent thrown from vehicle after accident on sharp curve at night; defendant, immediately after first accident, struck and dragged him some distance. Failure to see body was explained by sharpness of curve. Verdict for defendant.

1954 Tolbert v. Gillespie, 195 Va. 647, 79 S.E.2d 670.

Plaintiff’s decedent killed in collision of his car with defendant’s truck at center of highway on very sharp curve. Defendant’s admission that he did not see decedent’s car before collision not enough to make out prima facie case on negligence. Mere happening of accident not enough.