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Instructions Objections: Cases Summarized By Injury Lawyer

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 Instructions Objections and the related topic of personal injury. For more information about jury instructions see the pages on Wikipedia.

Instructions Objections-Cases

2002 WJLA-TV v. Levin, 264 Va. 140, 564 S.E.2d 383.

Normally, when party offers or agrees to jury instruction that is contrary to position previously argued during trial, the instruction becomes the law of the case. However, where record is clear that party is not waiving its objection to the prior ruling, but merely offering or agreeing to an instruction consistent with the trial court’s prior ruling, the previous objection is not waived.

1996 King v. Sowers, 252 Va. 71, 471 S.E.2d 481.

Medical malpractice action. Defendants offered jury instruction that incorrectly stated law as to applicable standard of care. Plaintiff failed to object and as such instruction became law of case.

1996 Morgen Indus., Inc. v. Vaughan, 252 Va. 60, 471 S.E.2d 489.

Products liability action where manufacturer argued that he was entitled to instruction based upon plaintiff’s employer being sophisticated user. Argument on instructions was off record and as such Supreme Court is only confronted with instructions as marked “refused” along with citations to various cases at the bottom of refused instructions. This is insufficient to comply with Rule 5:25.

1986 Spitzli v. Minson, 231 Va. 12, 341 S.E.2d 170.

Legal malpractice. Plaintiff offered instructions on contributory negligence and proximate cause without objection from defendant. Defendant has waived his argument that court should have ruled on these issues as matter of law.

1977 Rome v. Kelly Springfield Tire Co., 217 Va. 943, 234 S.E.2d 277.

Instruction that is granted and unchallenged becomes law of case and correctness is not under review.

1977 Nicholaou v. Harrington, 217 Va. 618, 231 S.E.2d 318.

Instruction tendered by plaintiff and granted by court became law of case.

1976 Pilot Life Ins. Co. v. Karcher, 217 Va. 497, 229 S.E.2d 884.

While usually transcript or written statement is vehicle for showing that timely objection was made to preserve point on appeal, such objection may also be shown and preserved where, in refused instruction, objecting party propounds contrary theory to one set forth in granted instruction.

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

Defendant not justified in complaining of instruction offered by plaintiff which also favored defendant.

1973 Whitmer v. Marcum, 214 Va. 64, 196 S.E.2d 907.

It is not necessary that instruction set forth every judicial statement on principle of law involved if it fully and fairly apprises jury. If litigant objects to instruction, it is his duty to offer alternative.

1970 Haymore v. Brizendine, 210 Va. 578, 172 S.E.2d 774.

Instructions objections.Plaintiff asked for no instruction on simple negligence and thus trial court committed no error in failing to do what counsel had not asked it to do.

1967 John Doe v. Simmers, 207 Va. 956, 154 S.E.2d 146.

On appeal defendant cannot complain that instruction offered by them was improper.

1966 Zayre, Inc. v. Gowdy, 207 Va. 47, 147 S.E.2d 710.

Instructions objections comes too late when first made after verdict on hearing of motion for new trial.

1961 Smith v. Combined Ins. Co., 202 Va. 758, 120 S.E.2d 267.

Instructions objections.On motion for new trial involving correctness of instructions, court may reconsider instructions, not objected to, and if they are found to be incorrect and calculated to mislead, court may set aside verdict.

1960 Beasley v. Barnes, 201 Va. 593, 113 S.E.2d 62.

Since neither plaintiff nor defendant challenged any instruction given or refused, by assignment of error, those given become law of case.

1956 Ashworth v. Baker, 197 Va. 582, 90 S.E.2d 80.

Instructions objections.Party who has asked for and been granted erroneous instruction cannot on account of error ask reversal of unfavorable judgment.

1955 Hodges Manor Corp. v. Mayflower Park, 197 Va. 344, 89 S.E.2d 59.

Instructions objections.Plaintiff offered instruction regarding property damage, defendant objected on ground that it was not warranted by pleadings; however, defendant subsequently offered instruction substantially adopting theory of plaintiff’s offered instruction. Defendants will not be heard to complain that jury found damages based on this theory.

1950 Frazier v. Conner, 191 Va. 481, 61 S.E.2d 880.

Plaintiff’s failure to object to substituted instruction constituted waiver of any objection she might have. Finding instruction must embrace all theories supported by facts.

1950 Fein v. Wade, 191 Va. 203, 61 S.E.2d 29.

Erroneous instruction given at appellant’s request will not be basis for complaint on appeal.

1950 Hinton v. Gallagher, 190 Va. 421, 57 S.E.2d 131.

Instructions given without objection become law of case.

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

Instructions objections shall state with reasonable certainty ground of such objection, otherwise objection will not be considered by Supreme Court.

 

 

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Instructions Objections: Cases Summarized By Injury Lawyer

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