Tort Law

Brien Roche

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 Pleadings-Miscellaneous.For more information on pleadings see the pages on Wikipedia.

Pleadings-Miscellaneous Statutes

See Va. Code § 8.01-279 as to requirements for affidavits when handwriting, control, partnership or incorporation are being challenged.

Pleadings-Miscellaneous Cases

2010 Aguilera v. Christian, 280 Va. 486, 699 S.E.2d 517.
Pro se plaintiff may not authorize other party to sign Complaint. Such a signature is invalid and the Complaint is a nullity and does not toll the statute of limitations.

2010 Shipe v. Hunter, 280 Va. 480, 699 S.E.2d 519.
Complaint signed by non-Virginia lawyer at direction of Virginia lawyer is inadequate as a matter of law since it does not bear the signature of a Virginia lawyer. The filing of such an action does not toll the statute of limitations.

1983 Kamlar Corp. v. Haley, 224 Va. 699, 299 S.E.2d 514.
Where plaintiff seeks punitive damages flowing from breach of contract then plaintiff should allege willful independent tort in count separate from breach of contract.

1947 Felvey v. Shaffer, 186 Va. 419, 42 S.E.2d 860.
Separate causes of action, especially where they arise out of same incident, need not be pleaded in different counts in motion for judgment although such may be desirable.

1946 Ashby v. Red Jacket Coal Corp., 185 Va. 202, 38 S.E.2d 436.
Dominant purpose of all pleadings is to inform other party of precise nature of charge in order that they may prepare and defend.