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 Dismissal and the related topic of personal injury. For more information on the topic of dismissal see the pages on Wikipedia.

Dismissal-Statutes

Va. Code § 8.01-275 as to non-abatement of suit due to lack of proper form.
Va. Code § 8.01-335 as to dismissal for failure to prosecute.
Va. Code § 8.01-380 as to nonsuits.

Dismissal-Cases

2016 JSR Mechanical, Inc. v. Aireco Supply, Inc., 291 Va. 377, 786 S.E.2d 144.
Dismissal pursuant to Virginia Code § 8.01-355 was improper in this instance as plaintiff properly and timely requested reinstatement.

2011 Rutter v. Oakwood Living Centers, 282 Va. 4, 710 S.E.2d 460.
In this wrongful death action, trial court incorrectly entered self- executing, prospective order of dismissal. Since that order was improperly entered, the subsequent order of dismissal was not a final order and therefore appeal is dismissed.

2007 Collins v. Shepherd, 274 Va. 390, 649 S.E.2d 672.
Circuit Court dismissed this civil action because under the local rule the defendant had not been served within one year of the date of filing. That local rule conflicts with Va. Code § 8.01-335 and therefore under the terms of Va. Code § 8.01-4, which allows local rules that do not otherwise abridge the rights of the parties, the local rule is invalid and void ab initio and therefore can be challenged at anytime even after the 21-day period.

2007 Lambert v. Javed, 273 Va. 307, 641 S.E.2d 109.
A dismissal with prejudice extinguishes the viability of the plaintiff’s claim even though it may not be based upon an adjudication on the merits.

2006 Shutler v. Augusta Health Care for Women, P.L.C., 272 Va. 87, 630 S.E.2d 313.
In this medical malpractice action against a physician and his employer based on vicarious liability, the trial court committed error in granting the employer’s motion for summary judgment based on the prior dismissal of claims against the physician with prejudice where the plain language of that dismissal order permitted plaintiff’s vicarious liability claims to proceed against the employer.

2001 Singh v. Mooney, 261 Va. 48, 541 S.E.2d 549.
Trial court improperly granted plaintiff’s motion to vacate order dismissing medical malpractice action on grounds that reasonable notice of presenting drafts of final order was not properly given in violation of Rule 1:13. Supreme court, overruling Cofer v. Cofer, 205 Va. 834, 140 S.E.2d 663 (1965), held that order entered in violation of Rule 1:13 is voidable and not void ab initio and therefore, 21-day rule applies.

1990 Dennis v. Jones, 240 Va. 12, 393 S.E.2d 390.
Plaintiff attempted service through D.M.V. Default judgment entered. Supreme Court set aside default judgment due to improper service and dismissed with prejudice due to failure to obtain service within one year.

1990 Moore v. Gillis, 239 Va. 239, 389 S.E.2d 453.
Plaintiff filed suit in Richmond. Before it was transferred to another circuit, plaintiff filed another motion for judgment on same claim in Richmond. Forum shopping prohibition in Va. Code § 8.01-380 does not bar second suit.

1981 Nelson v. Vaughan, 210 Va. 1, 168 S.E.2d 126.
Failure to have process served within one year of filing motion for judgment is grounds for dismissal.

1955 Norwood v. Buffey, 196 Va. 1051, 86 S.E.2d 809.
Dismissal not upon merits is nonsuit.

1949 Murden v. Wilbert, 189 Va. 358, 53 S.E.2d 42.
Agreed order of dismissal cannot be set aside unless by agreement of parties.