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 Stare Decisis.   

2005 Oraee v. Breeding, 270 Va. 488, 621 S.E.2d 48.

Supreme court in this case overrules prior decision on the grounds that the prior decision clearly was wrong. Supreme court reaffirms its support for the principle of stare decisis but expressly states that where it is determined that a prior decision is simply wrong, it shall be overruled.

1999 Pulliam v. Coastal Emergency Servs., Inc., 257 Va. 1, 509 S.E.2d 307.

In this challenge to medical malpractice cap, supreme court states “Doctrine of Stare Decisis is more than mere cliche.” Doctrine plays significant role in orderly administration of justice by assuring consistent, predictable, and balanced application of legal principles. In reviewing prior decision of this court, standard of review will be whether flagrant error or mistake exist in Etheridge decision.

1997 Pavlick v. Pavlick, 254 Va. 176, 491 S.E.2d 602.

Doctrine of stare decisis plays significant role in orderly administration of justice in Virginia.

1986 Williamson v. Old Brogue, Inc., 232 Va. 350, 350 S.E.2d 621.

Where issue involves many competing considerations, legislative procedures and safeguards are particularly appropriate to task of fashioning appropriate change.

1976 Bly v. Rhoads, 216 Va. 645, 222 S.E.2d 783.

Because of concept of stare decisis, Supreme Court refused to change locality rule in medical malpractice case to statewide or national standard of care.

For more information on Stare Decisis see the pages on Wikipedia.