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Inconsistent Positions: Cases Summarized By Personal Injury Lawyer

This page within Virginia Tort Case Law is a compilation of cases on inconsistent positions reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Inconsistent Positions and the related topic of personal injury.  For more information on the topic of estoppel see the pages on Wikipedia.

Inconsistent Positions-Cases

1978 Strickland v. Dunn, 219 Va. 76, 244 S.E.2d 764.

Having joined defendants as joint tortfeasors in single action, plaintiff cannot later take inconsistent position that they committed separate and distinct torts.

1973 Sydnor & Hundley v. Wilson Trucking, 213 Va. 704, 194 S.E.2d 733.

Plaintiff alleged binding contract in motion for judgment and cannot now contradict its own pleadings.

1969 Enos v. Fidelity & Cas. Co., 210 Va. 112, 168 S.E.2d 254.

Plaintiff claimed in pleading that defendant was agent of employer and was uninsured motorist. In present case plaintiff sued insurance company and asserted defendant was insured under its policy. Inconsistent positions do not work estoppel.

1962 Leech v. Beasley, 203 Va. 955, 128 S.E.2d 293.

Both claim and counterclaim asserted; party is estopped from taking position that is inconsistent with one previously assumed either in course of litigation for same cause of action or in nonjudicial dealings.

1952 Martin v. Williams, 194 Va. 437, 73 S.E.2d 355.

Plaintiff testified that signature was forgery. She would not be allowed to argue to Supreme Court that were signature not forged then it was fraudulently induced.

1946 Rook v. ACLR Co., 184 Va. 670, 36 S.E.2d 559.

Party cannot be allowed to occupy position in this court inconsistent with that taken in trial court.

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Inconsistent Positions: Cases Summarized By Personal Injury Lawyer

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