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 Husband-Wife and the related topic of personal injury. For more information on marriage see the pages on Wikipedia.

Husband-Wife:Statutes

See Va. Code § 8.01-220.2 providing that each spouse is jointly and severally liable for emergency medical care, including necessary follow-up care, rendered to other spouse after July 1, 1984, at time when spouses were living together.

See Va. Code § 55-36 stating that wife may recover for personal injury and medical expenses incurred.

See Va. Code § 55-37 providing that doctrine of necessaries as it existed at common law shall apply equally to both spouses except where they are permanently living separate and apart.

See Va. Code § 55-37 stating that husband shall not be responsible for any tort of his wife.

Husband-Wife:Cases

1999 Rogers v. Rogers, 257 Va. 323, 512 S.E.2d 821.

Creditors who obtained judgment against husband and a different judgment against wife may not compel sale of real property owned by this couple in tenancy by the entirety. Demurrer to this claim was properly sustained.

1972 Pugh v. Yearout, 212 Va. 591, 186 S.E.2d 58.

Wrongful death action. Deceased wife cooked, cleaned and took care of family home. There was testimony as to value of these services. This evidence was properly admitted to establish pecuniary loss of dependents by reason of decedent’s death.

1958 Hargrow v. Watson, 200 Va. 30, 104 S.E.2d 37.

Any inference of marriage was overcome by countervailing proof of prior existing marriage and testimony of defendant.

1956 Coureas v. Allstate Ins. Co., 198 Va. 77, 92 S.E.2d 378.

Permissive use case. Where man and woman live together and demean themselves toward each other as husband and wife, law presumes they have been legally married.

1952 Bonich v. Waite, 194 Va. 374, 73 S.E.2d 389.

Husband-wife issue.Wife of pedestrian owes to her husband duty to warn of impending danger.

1952 Painter v. Lingon, 193 Va. 840, 71 S.E.2d 355.

Husband-wife issue.When husband is driving automobile, even though registered in wife’s name, presumption is that he is in absolute control. Plaintiff wife had no right to exercise control, as matter of law, over operating of such vehicle when husband is driving, and there was no evidence tending to show that she had attempted to exercise any such control.

1952 Furey v. Furey, 193 Va. 727, 71 S.E.2d 191.

Husband-wife issue.Plaintiff wife injured in automobile accident while defendant husband was driving. It is rule of common law that all liability for antenuptial torts is extinguished by marriage. Virginia Code § 55-36 does not change this common law rule either before or during coverture.

1949 Floyd v. Miller, 190 Va. 303, 57 S.E.2d 114.

Husband may not recover from wife medical or hospital expenses of wife for which he was liable, even though wife compensated through personal injury award. Claim for all damages adheres solely to wife. Hospital and medical expenses of wife are necessities for which husband is liable. In absence of agreement or contract by her to pay expenses, she is not liable therefor.