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Law of Case Summarized By Personal 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 Law of Case.   For more information on law of case see the pages on Wikipedia.

Law Of Case-Cases

1992 Turner v. Wexler, 244 Va. 124, 418 S.E.2d 886.

One judge denied motion to dismiss, but no order entered. Later, another judge granted motion to dismiss. Trial court is empowered to change legal determinations as long as it retains jurisdiction over the proceeding.

1981 Norfolk & P.R.R. v. Barker, 221 Va. 924, 275 S.E.2d 613.

No error being assigned to definition of negligence, it became law of case.

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

Instruction that is granted 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.

1974 Lacks v. Bottled Gas Corp., 215 Va. 94, 205 S.E.2d 671.

Having tried case on theory that Commercial Code applied, rather than on contract or negligence principles, it is too late on appeal to challenge this as it has become law of case.

1963 Shamblee v. Virginia Transit Co., 204 Va. 591, 132 S.E.2d 712.

Where instruction is given without objection and no error is assigned to it, then it becomes law of case and is binding on litigants and Supreme Court.

1961 Garnett v. Paul, 203 Va. 79, 122 S.E.2d 662.

Instruction given without objection becomes law of case.

1955 Boward v. Leftwich, 197 Va. 227, 89 S.E.2d 32.

Plaintiff failed to object to instruction that burden was on plaintiff to prove defendant was guilty of willful or wanton negligence. These instructions thus became law of case.

1954 Godsey v. Tucker, 196 Va. 469, 84 S.E.2d 435.

Instruction not objected to becomes law of case.

1946 Chappell v. White, 184 Va. 810, 36 S.E.2d 524.

Where there have been two appeals in case between same parties and facts are same, nothing decided in first appeal can be re-examined on second.

1945 Mutual Benefit Health & Acc. Ass’n v. Hite, 184 Va. 614, 35 S.E.2d 743.

Instructions given without objection are law of case.

1945 Piccolo v. Woodford, 184 Va. 432, 35 S.E.2d 393.

Since no exceptions were noted to instructions, they became law of case.

 

 

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Law of Case Summarized By Personal Injury Lawyer

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