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 Notice-Failure to Prove Notice.   

1993 Grim v. Rahe, Inc., 246 Va. 239, 434 S.E.2d 888.

Minor plaintiff injured when he touched defective light fixture. Evidence in this case failed to show when defect occurred, and therefore, there is no evidence of notice.

1974 Reagan v. Perez, 215 Va. 325, 209 S.E.2d 901.

Chimney fell on infant plaintiff who was swinging in hammock attached to chimney. Record does not show previous condition of chimney or what caused it to fall. Motion to strike granted.

1969 Cannon v. Clarke, 209 Va. 708, 167 S.E.2d 352.

Plaintiff slipped and fell on ice and snow on neighbor’s porch. No showing that defendants knew of any unsafe condition or that it had existed for such length of time that in exercise of ordinary care they should have known of it.

1965 VEPCO v. McCleese, 206 Va. 127, 141 S.E.2d 755.

Plaintiff unable to establish notice in this electrical injury case.

1962 Great Atl. & Pac. Tea Co. v. Berry, 203 Va. 913, 128 S.E.2d 311.

Plaintiff fell in store on piece of celery. Fact that celery was dark not indicative of how long on floor.

1962 Colonial Stores v. Pulley, 203 Va. 535, 125 S.E.2d 188.

Plaintiff fell on soda bottle on floor; failed to establish how long bottle on floor.

1961 Safeway v. Tolson, 203 Va. 13, 121 S.E.2d 751.

Slip and fall in supermarket. No evidence as to how long sand or sawdust on floor.

1960 Virginia Beach v. Roman, 201 Va. 879, 114 S.E.2d 749.

Plaintiff fell in hole caused by erosion. No showing of actual or constructive notice.

1959 Certified T.V. & Appliance Co. v. Harrington, 201 Va. 109, 109 S.E.2d 126.

Plaintiff injured by falling shelf in appliance store. Defendant had notice of defective condition, therefore defense of latent defect not applicable.

1954 West v. City of Portsmouth, 196 Va. 510, 84 S.E.2d 503.

Mere fact that defect may have existed, is not sufficient to establish notice.

1951 Revell v. Deegan, 192 Va. 428, 65 S.E.2d 543.

Plaintiff must establish that landlord had actual or constructive knowledge of defect in common area.

1951 Robey v. Richmond Coca-Cola Bottling Works, 192 Va. 192, 64 S.E.2d 723.

Mere breaking of carton holding soda bottles without showing of when defective condition arose is not sufficient to establish negligence.

1948 Hooper v. Hancock, 188 Va. 345, 49 S.E.2d 711.

Automobile accident where pedestrian struck. No evidence that defendant had notice that pedestrians usually crossed at point where plaintiff crossed. Judgment for defendant.

1945 Stephens v. VEPCO, 184 Va. 94, 34 S.E.2d 374.

Plaintiff struck by bolt of electricity. Plaintiff unable to establish defendant had notice of defect.

1945 Smith v. City of Richmond, 184 Va. 40, 34 S.E.2d 371.

Plaintiff failed to prove that defendant had notice of defect in pipe which was causing leak.