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 Finding Instruction or Instruction Finding and the related topic of personal injury. For more information on jury instructions see the pages on Wikipedia.

Instruction Finding-Cases

2002 Pollins v. Jones, 263 Va. 25, 557 S.E.2d 713.

Instruction finding.Medical malpractice action. Trial court instructed jury to find in favor of defendant in this wrongful death action if two or more alternative courses of action existed for defendant to follow and defendant in providing treatment exercised his best judgment and elected proper alternative. That instruction was improper because it was not supported by expert testimony. Jury instruction may be given only if there is evidence to support the instruction.

1988 Norfolk & W. Ry. v. Sonney, 236 Va. 482, 374 S.E.2d 71.

It is error not to include defense of contributory negligence in finding instruction.

1964 Alford v. Frye, 205 Va. 7, 135 S.E.2d 101.

Error to quote evidence of plaintiff without considering conflicting evidence. Instruction finding that jury should find for party if they believed his evidence without any qualification of his conduct being reasonably prudent.

1964 Irvan v. Jamison Oil Co., 205 Va. 1, 135 S.E.2d 153.

Finding instructions must not be based on incomplete view of evidence.

1963 Montague v. Rucker, 204 Va. 612, 132 S.E.2d 726.

Finding instruction which states only incomplete and partial view of material evidence constitutes reversible error.

1961 Bedget v. Lewin, 202 Va. 535, 118 S.E.2d 650.

Instruction finding which told jury that they may assume defendant was guilty of negligence based on certain facts was improper.

1961 Rushton v. Mountcastle, 202 Va. 521, 118 S.E.2d 660.

Finding instruction omitted defendant’s theory of case. It was found not to be reversible error since defendant’s theories had been adequately set forth in other instructions. Statutory language requiring that such movement be made “in safety” is objectionable.

1960 Moore v. Lewis, 201 Va. 522, 111 S.E.2d 788.

Finding instruction must not be based on partial view of evidence.

1955 Garst v. Obenchain, 196 Va. 664, 85 S.E.2d 207.

Finding instruction must state complete case and embrace all elements necessary to support verdict.

1949 Davis v. Webb, 189 Va. 80, 52 S.E.2d 141.

Finding instruction must state complete case and embrace all elements necessary to support verdict.

1948 Powell v. Virginia Ry., 187 Va. 384, 46 S.E.2d 429.

Finding instruction must state complete case and embrace all elements necessary to support verdict.

1948 Marks v. Ore, 187 Va. 146, 45 S.E.2d 894.

Finding instruction is erroneous which ignores defense of contributory negligence if there is evidence of contributory negligence

.

2002 Pollins v. Jones, 263 Va. 25, 557 S.E.2d 713.

Instruction finding.Medical malpractice action. Trial court instructed jury to find in favor of defendant in this wrongful death action if two or more alternative courses of action existed for defendant to follow and defendant in providing treatment exercised his best judgment and elected proper alternative. That instruction was improper because it was not supported by expert testimony. Jury instruction may be given only if there is evidence to support the instruction.

1988 Norfolk & W. Ry. v. Sonney, 236 Va. 482, 374 S.E.2d 71.

It is error not to include defense of contributory negligence in finding instruction.

1964 Alford v. Frye, 205 Va. 7, 135 S.E.2d 101.

Error to quote evidence of plaintiff without considering conflicting evidence. Instruction finding stated that jury should find for party if they believed his evidence without any qualification of his conduct being reasonably prudent.

1964 Irvan v. Jamison Oil Co., 205 Va. 1, 135 S.E.2d 153.

Finding instructions must not be based on incomplete view of evidence.

1963 Montague v. Rucker, 204 Va. 612, 132 S.E.2d 726.

Finding instruction which states only incomplete and partial view of material evidence constitutes reversible error.

1961 Bedget v. Lewin, 202 Va. 535, 118 S.E.2d 650.

Instruction finding which told jury that they may assume defendant was guilty of negligence based on certain facts was improper.

1961 Rushton v. Mountcastle, 202 Va. 521, 118 S.E.2d 660.

Finding instruction omitted defendant’s theory of case. It was found not to be reversible error since defendant’s theories had been adequately set forth in other instructions. Statutory language requiring that such movement be made “in safety” is objectionable.

1960 Moore v. Lewis, 201 Va. 522, 111 S.E.2d 788.

Finding instruction must not be based on partial view of evidence.

1955 Garst v. Obenchain, 196 Va. 664, 85 S.E.2d 207.

Finding instruction must state complete case and embrace all elements necessary to support verdict.

1949 Davis v. Webb, 189 Va. 80, 52 S.E.2d 141.

Finding instruction must state complete case and embrace all elements necessary to support verdict.

1948 Powell v. Virginia Ry., 187 Va. 384, 46 S.E.2d 429.

Finding instruction must state complete case and embrace all elements necessary to support verdict.

1948 Marks v. Ore, 187 Va. 146, 45 S.E.2d 894.

Finding instruction is erroneous which ignores defense of contributory negligence if there is evidence of contributory negligence

.