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-Prior Complaints.  

1989 General Motors Corp. v. Lupica, 237 Va. 516, 379 S.E.2d 311.

Notice-prior complaints.Products liability case alleging defective steering mechanism. Plaintiff pled that GM had prior notice of defect. GM denied. This made notice an issue and entitled plaintiff to present evidence of such. For evidence of prior complaint to be admissible, they must be substantially similar to complaint in issue. Due to possibility of prejudice, evidence of prior complaints or accidents should be closely scrutinized and evidence should be limited to evidence germane to notice issue. In this case, trial court went too far in admitting newspaper article that was general statement of problem and not report of specific occurrence; therefore reversed.

1981 Colonial Nat. Gas Co. v. Sayers, 222 Va. 781, 284 S.E.2d 599.

Manager of apartment complex had received complaints about depression in path.

1965 Bradshaw v. Minter, 206 Va. 450, 143 S.E.2d 827.

Plaintiff thrown from horse. Wife’s statement to defendant “I told you to get rid of that horse” and defendant’s non-response was admissible although of little probative value.

1948 Edgerton v. Norfolk S. Bus Corp., 187 Va. 642, 47 S.E.2d 409.

Child struck by bus emerging from tunnel. Letter of city manager advising bus company of need for warning device was admitted.