Tort Law

Brien Roche

Parking Lots

This page within Virginia Tort Case Law is a compilation of cases on parking lots reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Parking Lots. For more information on parking lot issues see the pages on Wikipedia.  

See Va. Code § 46.2-1234 as to liability of persons furnishing free parking.

1987 Furman v. Call, 234 Va. 437, 362 S.E.2d 709.

Intersection accident in parking lot. Plaintiff failed to yield to vehicle on right. Court held this parking lot was highway under Va. Code § 46.1-1(10) [now § 46.2-100] since evidence showed parking lot open to public. Plaintiff did not rebut this evidence.

1982 Farren v. Gilbert, 224 Va. 407, 297 S.E.2d 668.

Prima facie case of primary negligence not shown where decedent was either struck or fell under delivery truck that was being backed into parking lot. Question of whether driver had duty to post helper as lookout not decided.

1974 Wynne v. Spainhour, 215 Va. 16, 205 S.E.2d 634.

Plaintiff fell on service station pavement on “dark moisture spot” that turned out to be ice. Defendant did all that exercise of reasonable care required to remove snow and ice. Although duty to warn of hidden dangers, this spot was open and obvious. Negligence not proven.

1970 Brown v. Wilson, 211 Va. 35, 175 S.E.2d 412.

Plaintiff struck by defendant’s motor vehicle in parking lot. Testimony of parties in hopeless conflict. Question was properly decided by jury in defendant’s favor; error to set aside verdict.