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 Splitting Cause of Action.  

1955 Gary Steel Corp. v. Kitchin, 197 Va. 471, 90 S.E.2d 120.

Plaintiff did not split his cause of action by proceeding to collect for his immediate damages in first action and to collect for reimbursement damages by his second action, as action for reimbursement had not accrued until after first action had been tried to conclusion. If action is brought for part of cause of action, judgment obtained in that proceeding precludes plaintiff from recovering second judgment for residue of that cause of action.

1949 Carter v. Hinkle, 189 Va. 1, 52 S.E.2d 135.

Single tort resulting in damage to both person and property gives rise to distinct claims and recovery in one is no bar to recovery in other.