Tort Law

This page within Virginia Tort Case Law is a compilation of cases on election of remedies reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Election of Remedies and the related topic of personal injury. For more information on legal remedies see the pages on Wikipedia. 

Election of Remedies-Cases

2003 Wilkins v. Peninsula Motor Cars, 266 Va. 558, 587 S.E.2d 581.

Plaintiff sued under Virginia Consumer Protection Act and common-law fraud. Jury awarded verdict to plaintiff for damages under the fraud claim, damages under the Consumer Protection Act claim, punitive damages, and attorney fees. No election of remedies was required here because the causes of action are not irreconcilable. What is called for here is a prevention of duplication of damages. That can be accomplished through close court supervision. In addition, the award of attorney’s fees was not duplicative of punitive damage award.

1978 Goodstein v. Weinberg, 219 Va. 105, 245 S.E.2d 140.

Plaintiff misjoined action in both tort and contract before effective date of Va. Code § 8.01-272 (which now permits joinder of actions in tort and contract). Plaintiff, required to make election, chose tort and was bound by election of remedies with claim being barred by limitation prescribed by Va. Code § 8.24 [now § 8.0-243].

1976 Tweedy v. J.C. Penney Co., 216 Va. 596, 221 S.E.2d 152.

Plaintiff sued defendant for insulting words and malicious prosecution. Plaintiff not required to elect which cause of action to pursue.

1974 Standard Prods. v. Wooldridge, 214 Va. 476, 201 S.E.2d 801.

Plaintiff instituted tort and contract actions arising out of common transaction and then elected to pursue contract claim. Once this election was made and pursued to final judgment, plaintiff lost its right to pursue tort claim.