Virginia Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Virginia or Court of Appeals of Virginia where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Virginia Farm Bureau Insurance Co. v. Travelers Indemnity Co. - 9/20/1991
JUSTICE WHITING delivered the opinion of the Court.
In this appeal, we construe Code § 38.2-2206(B ) to decide which of two insurance carriers, both providing the same insured with uninsured motorist coverage in excess of...
Thomas v. Thomas - 9/10/1991
Donna Caple Thomas appeals from the trial judge's monetary award entered upon the dissolution of the parties' marriage. She raises two issues: (1) whether a lump-sum personal injury settlement, which her husband received during...
Sovran Financial Corp. v. Nanney - 8/20/1991
ELDER, J.
Sovran Financial Corporation and Pennsylvania Manufacturers' Association Insurance Company (collectively "employer") appeal from a decision of the Industrial Commission awarding Frances J. Nanney temporary total...
Flanagan v. Virginia Beach General Hospital - 7/31/1991
Upon review of the records in these cases and consideration of the arguments submitted in support of and in opposition to the granting of appeals, the Court is of opinion there is no reversible error in the judgments complained of....
Nabisco Brands Inc. v. Jones - 7/30/1991
ELDER, J. [12 VaApp Page 1029] Nabisco Brands, Inc. and Travelers Insurance Co. (collectively, "the employer") appeal from a decision of the Industrial Commission awarding Jil D. Jones temporary total disability benefits for the...
Stump Trucking v. Stump - 5/21/1991
KOONTZ, J.
Stump Trucking and its insurer, American Casualty Company, appellants, appeal an Industrial Commission decision holding that Stump Trucking's application for hearing based on a change in condition failed to raise...
Scott v. Greater Richmond Transit Co. - 3/1/1991
JUSTICE WHITING delivered the opinion of the Court.
In this personal injury case, the primary issue is the admissibility of a document as a past recollection recorded.
On November 11, 1986, Angela Scott sustained...
Bailey v. Henderson - 6/8/1990
In this personal injury case, a jury awarded the plaintiff, Wilbur Michael Bailey, a verdict for $100,000 against the defendant Timothy W. Henderson, Jr. Acting upon a defense motion, the trial court set the verdict aside, holding that...
Hess v. Snyder Hunt Corp. - 6/8/1990
JUSTICE STEPHENSON delivered the opinion of the court.
In this appeal, plaintiffs challenge the constitutionality of Code § 8.01-250 as applied to them. Code § 8.01-250, a statute of repose, provides, in pertinent part, as...
Board of Supervisors of Fairfax County v. Thompson Associates - 6/8/1990
JUSTICE LACY delivered the opinion of the Court.
This case involves the question whether a county may require a developer to build a service road as a prerequisite to approval of a site plan. A threshold issue is whether the...
Erie Insurance Group v. Hughes - 6/8/1990
SENIOR JUSTICE POFF delivered the opinion of the Court.
This is an appeal by an automobile liability insurance carrier from a declaratory judgment rejecting its denial of coverage of a claim for personal injuries sustained in a...
Dennis v. Jones - 6/8/1990
JUSTICE COMPTON delivered the opinion of the Court.
In this personal injury action arising from a motor vehicle collision, we review the trial court's refusal to set aside a default judgment entered in favor of the plaintiff. The...
Bulala v. Boyd - 3/2/1990
I
Pursuant to Rule 5:42, the United States Court of Appeals for the Fourth Circuit, on July 28, 1989, certified to this Court six questions of Virginia law, which we accepted by order entered September 25, 1989. The...
Kalafut v. Gruver - 3/2/1990
In this case of first impression in Virginia, involving prenatal harm, we decide whether an action for a child's wrongful death may be maintained against a tortfeasor whose negligence occurred when the decedent was in the mother's...
Eagles Court Condominium Unit Owners Association v. Heatilator Inc. - 3/2/1990
[239 Va Page 326] This appeal presents the question whether a claim for damages, resulting from an allegedly defective product incorporated into the
construction of a condominium, is barred by the statute of limitations...
Gonzalez v. Fairfax Hospital System Inc. - 3/2/1990
The issue in this appeal is whether, as the trial court ruled, the Medical Malpractice Act (the Act), Code §§ 8.01-581.1 to -581.20, applies to this tort action.
Guadalupe V. Gonzalez brought this action against Fairfax...
Marshall v. Winston - 3/2/1990
In this wrongful death case, we determine whether, under facts alleged in an amended motion for judgment, a sheriff and a jailer owed a special duty of care to protect a member of the general public from harm by a third person. ...
Great American Insurance Co. v. Cassell - 3/2/1990
Great American Insurance Company (Great American) filed this suit for declaratory judgment against Eglena F. Cassell, administratrix of the estate of Robert G. Cassell, deceased. Great American asked the court to adjudicate its...
Thrasher v. Winand - 3/2/1990
This personal-injury appeal turns on the question whether the plaintiff was, at the time of his injury, accepting the benefits of the charitable activities of the defendant, a charitable organization, thus giving rise to the...
Justice v. Natvig - 6/9/1989
In this medical malpractice action against a surgeon, we decide when the applicable two-year statute of limitations began to run on a claim for an allegedly negligent operation, when that operation was followed by eight years of...
Hunt v. Erie Insurance Group - 6/9/1989
The dispositive issue in this appeal is whether an insurance policy is ambiguous. In deciding this question, we must apply Pennsylvania law.
Linda Jean Hunt's motion for judgment, as it relates to this appeal, sought a...
Continental Insurance Co. v. State Farm Fire and Casualty Co. - 6/9/1989
To resolve this dispute between two liability insurers we must determine whether the cost of settling a personal-injury claim must be borne by one or shared by both. The parties agree to the facts.
A boat owned by Carter V....
Caldwell v. Seaboard System Railroad Inc. - 6/9/1989
[238 Va Page 150] In one of these two appeals (Record No. 870490), we decide the constitutionality of that part of the forum non conveniens statute, Code § 8.01-265, which precludes dismissal of actions arising in jurisdictions...
Kelly v. Virginia Electric and Power Co. - 6/9/1989
In this personal injury action, the dispositive question on appeal is whether the trial court properly ruled that the plaintiff was guilty of contributory negligence as a matter of law.
Appellant Scott Kelly, a professional...
Eiss v. Lillis - 6/12/1987
This is a medical malpractice action in which plaintiff's decedent, Allen Eiss (Eiss or decedent) died from intercranial bleeding which resulted from an overdose of the "blood thinning" drug Coumadin. The defendant, Dr. Frederick...
Bowers v. May - 6/12/1987
In this personal injury case, the question for decision is whether the trial court erred in instructing the jury on the issue of contributory negligence. The question stems from the trial of an action brought by Charles Junior...
Smoot v. Smoot - 6/12/1987
We consider two issues presented in a wife's appeal from a divorce decree: whether the chancellor erred in granting the husband a monetary award equal to his cash contribution to the construction of the marital home and whether...
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