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 Third Party Practice. 

Third Party Practice-Statutes

See Va. Code § 8.01-281 indicating that third-party claim or cross-claim may be asserted even though no payment has been made by claimant. Third party auto claims may be tried separately.

Third Party Practice-Cases

1977 Valley Landscape Co. v. Rolland, 218 Va. 257, 237 S.E.2d 120.

Under Sup. Ct. Rule 3:10 third-party claim is allowed for purpose of passing through to third-party defendant all or part of liability which might be imposed on defendant.

1959 Certified TV & Appliance Co. v. Harrington, 201 Va. 109, 109 S.E.2d 126.

Defendant not entitled to instruction that he is not allowed to implead joint tortfeasor.

1951 Laburnum Corp. v. Richmond, 192 Va. 727, 66 S.E.2d 474.

Court refused to overturn trial court’s refusal to allow third-party claim where case had already substantially progressed towards trial and where joinder of third-party defendant would substantially confuse case.

1949 Masters v. Hart, 189 Va. 969, 55 S.E.2d 205.

Purpose of third-party practice is to avoid multiplicity of actions. Whether such action will be allowed is within sound discretion of trial court.