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 Potholes. For more information on traffic collisions see the pages on Wikipedia. 

Potholes-Cases

1964 City of Richmond v. Branch, 205 Va. 424, 137 S.E.2d 882.Plaintiff’s vehicle went into pothole of which city had notice. City violated nondelegable duty to maintain safe streets.

1964 Scott v. Foley, 205 Va. 382, 136 S.E.2d 849.Vehicle went on to shoulder and struck potholes causing loss of control. No gross negligence.

1952 Sibley v. Slayton, 193 Va. 470, 69 S.E.2d 466.Right wheel of vehicle hit pothole on shoulder. Vehicle then went out of control. No gross negligence in this action brought by guest.

1948 Moore v. Virginia Transit Co., 188 Va. 493, 50 S.E.2d 268.Traveling public has right to assume main street is free of defects and obstruction and there is no duty to be on lookout for either.

1947 Hill v. Bradley, 186 Va. 394, 43 S.E.2d 29.Defendant drove in rut in road and thereafter lost control. Insufficient evidence to create jury issue as to gross negligence.