Tort Law

The cases on this page are from the Virginia Supreme Court and are summarized by Brien Roche. They deal with the topic of joinder and the related topic of  personal injury. For more information about the issue of joinder or misjoinder see the pages on Wikipedia. 

Joinder-Statutes

See Va. Code § 8.01-5 indicating that nonjoinder or misjoinder of parties shall not defeat suit.

See Va. Code § 8.01-7 of Va. Code as to joinder of necessary parties.

See Va. Code § 8.01-267.1 as to Multi-Claimant Litigation Act allowing joinder of multiple plaintiffs.

See Va. Code § 8.01-272 as to joinder of tort and contract claims.

Joinder-Cases

1995 Powers v. Cherin, 249 Va. 33, 452 S.E.2d 666.

Misjoinder of parties should be raised by motion to drop improper parties and not by demurrer. Misjoinder of causes of action may be raised by demurrer. In this instance, plaintiff was involved in automobile accident and thereafter was further injured by malpractice of physician in care of auto accident injuries. Where claims arise out of the same transaction or occurrence they may be joined, but these claims arose out of separate transactions or occurrences and therefore joinder was improper.

1987 Fox v. Deese, 234 Va. 412, 362 S.E.2d 699.

Nonjoinder not basis for dismissal. Defendants in this case also objected that plaintiff was proceeding on different theories against different defendants for separate independent acts. Virginia Code §§ 8.01-272 and 8.01-281 and Rule 1:4(k) allow alternative pleading provided there is common occurrence or transaction.

1981 Ortiz v. Barrett, 222 Va. 118, 278 S.E.2d 833.

Misjoinder found where several plaintiffs joined in one personal injury action.

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

Plaintiff joined all defendants in single motion for judgment and, therefore, cannot later contend that they committed separate and distinct torts.

1974 Standard Prods. v. Wooldridge, 214 Va. 476, 210 S.E.2d 801.

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

1970 Baker v. John Doe, 211 Va. 158, 176 S.E.2d 436.

Joinder of defendants in alternative not permitted at common law; moreover, Sup. Ct. Rule 3:18 would not be satisfied since motion for judgment would apprise neither defendant of case sought to be made against him.

1956 McDaniel v. Carolina Pulp Co., 198 Va. 612, 95 S.E.2d 201.

Virginia statutes are liberal in their provision for adding new parties in cases of nonjoinder.

1954 Petrus v. Robbins, 196 Va. 322, 83 S.E.2d 408.

Plaintiff may maintain separate suits for property damage and personal injury arising out of same accident.

1950 E.I. DuPont DeNemours & Co. v. Universal Moulded Prods. Corp., 191 Va. 525, 62 S.E.2d 233.

No misjoinder of actions in this case where demands of plaintiff were all of same nature and closely related since each arose out of same general cause of action.

1949 Carter v. Hinkle, 189 Va. 1, 52 S.E.2d 135.

Single tort resulting in damage to both person and property gives rise to distinct causes of action and recovery in one is no bar to recovery in other.

1948 Norfolk Bus Term. v. Sheldon, 188 Va. 288, 49 S.E.2d 11.

Unless acts of independent tortfeasors concur in producing single indivisible injury or damage they may not be sued jointly in single action.