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 Sufficiency. For more information on pleadings see the pages on Wikipedia. 

Pleadings Sufficiency Cases

2007 Ford Motor Co. v. Benitez, 273 Va. 242, 639 S.E.2d 203. 

In this personal injury action, defense counsel raised numerous affirmative defenses in its answer. The answer at issue in this case had been filed in the second action after the first case had been non-suited and there had been extensive discovery in the first case. At the time of filing the answer and raising these affirmative defenses, defense counsel acknowledged that it had no information at the time to justify many of the defenses. An award of sanctions was appropriate.

2003 Pulte Home Corp. v. Parex, Inc., 265 Va. 518, 579 S.E.2d 188.

Pulte and Parex were sued by homeowner in regards to stucco exterior. Pulte cross-claimed against Parex alleging breach of express warranty. Prior to hearing on Parex’s demurrer to that claim, Parex had asked for the written contract or warranty sued upon. Pulte indicated that it did not have such. In motion for judgment, Pulte simply set forth conclusory allegations as to breach of warranty and did not set forth the essential facts of the breach of warranty and did not produce the written warranty. The demurrer was therefore properly sustained.

2002 Jones v. Ford Motor Co., 263 Va. 237, 559 S.E.2d 592.

Products liability action against Ford alleging sudden acceleration. Plaintiff could not recover in this case against Ford on theory that manufacturer breached duty to inspect and test cruise control system for negative transient signals where motorist’s pleadings did not allege such a claim against the manufacturer. Since plaintiff did not plead failure to test and inspect claim against Ford, plaintiff may not recover on that theory.

1987 Harrell v. Woodson, 233 Va. 117, 353 S.E.2d 770.

Pleadings must contain request for punitive damages otherwise they cannot be obtained. Common law system of pleading had merit of permitting each party to require other to state his claim or defense with great precision. Less formal system established by present rules offer greatly enhanced opportunities for discovery of opponent’s evidence but much less opportunity to pin down legal theories underlying his claim. It is therefore even more important under present system to ensure that each party be fairly informed of true nature of claim or defense.

1981 Lansing Supply Co. v. Royal Alum., 221 Va. 1139, 277 S.E.2d 228.

Trial court may not base judgment on facts not alleged or on right not pleaded.

1972 Klotz v. Fauber, 213 Va. 1, 189 S.E.2d 45.

Since motion for judgment did not allege facts to support legal theory of plaintiff, it is demurrable.

1970 Baker v. John Doe, 211 Va. 158, 176 S.E.2d 436.

Unclear as to which of two defendants forced auto off road. Plaintiff sued both alleging negligence in alternative. Misjoinder not allowed at common law.

1968 Pittman v. Pittman, 208 Va. 476, 158 S.E.2d 746.

In equity pleading, complainant must allege with reasonable clarity every fact essential to granting relief sought.

1967 Moore v. Jefferson Hosp., 208 Va. 438, 158 S.E.2d 124.

Motion for judgment must set forth essential facts (not conclusions of law) which constitute foundation in law of judgment to be asked.

1966 Arlington Yellow Cab v. Transportation, Inc., 207 Va. 313, 149 S.E.2d 877.

Pleadings merely stated conclusions of law and as such were demurrable.

1953 Brumfield v. Brumfield, 194 Va. 577, 74 S.E.2d 170.

Pleadings sufficiency.In first count plaintiff alleged gross negligence and in second count alleged same facts which were charged to have constituted willful and wanton disregard of plaintiff’s safety. This was mere conclusion and insufficient to charge intentional wrong.

1951 Alexander v. Kuykendall, 192 Va. 8, 63 S.E.2d 746.

Pleadings sufficiency. Although motion for judgment may be imperfect, if it is so drafted that defendant cannot mistake true nature of claim, court should overrule demurrer.

1948 Moore v. Virginia Transit Co., 188 Va. 493, 50 S.E.2d 268.

Pleadings sufficiency. Allegation of negligence was so general that it included any failure to exercise ordinary care and as such was sufficient.

1948 Norfolk Union Bus Term., Inc. v. Sheldon, 188 Va. 288, 49 S.E.2d 338.

Pleadings sufficiency. In action against two persons, counts against them jointly and counts against them severally cannot be joined.

1946 Flax v. Monticello Realty Co., 185 Va. 474, 39 S.E.2d 308.

Pleadings sufficiency. Plaintiff can recover only upon case made by pleadings.

1944 Douthat v. Chesapeake & O. Ry., 182 Va. 811, 30 S.E.2d 578.

Pleadings sufficiency. Conversion claim. Plaintiff may not under same set of facts adopt one of two or more remedies to which he is entitled and thereby change rules applicable to extent of relief.

1943 Walton v. Light, 181 Va. 609, 26 S.E.2d 29.

Pleadings sufficiency. If defendant is informed by pleadings generally as to effects produced by wrong, he is bound to anticipate evidence as to extent of plaintiff s injuries. Damages for permanency of injury are recoverable under general allegation for damages.