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 Warnings.  

1977 Virginia Farm Bur. Mut. Ins. Co. v. Simpkins, 217 Va. 611, 231 S.E.2d 226.

Plaintiff’s decedent, technically not pedestrian, struck and killed while fulfilling duty to remove loose calf from highway. Defendant saw or could have seen four way flashing light on truck on side of road and saw man beside truck waving his arms. Despite these warnings, defendant proceeded 284 feet and only applied brakes when he struck and killed plaintiff’s decedent. Jury could reasonably find primary negligence with defendant.

1973 Mitchell v. Lee, 213 Va. 629, 194 S.E.2d 737.

Plaintiff’s failure to see “Men Working” sign indicated she was not keeping proper lookout, her speed was unlawful, and she did not keep her car under proper control. Guilty of contributory negligence as matter of law.

For more information on warnings see the pages on Wikipedia.