Statutes of Limitations (VIRGINIA)

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Personal Injury - 2 yrs.[VA Code Ann. § 8.01-243]

Wrongful Death - 2 yrs. (from date of death) [VA Code Ann. § 8.01-244]

Med Mal - 2 yrs. [VA Code Ann. § 8.01-243]

Property Damage - 5 yrs. [VA Code Ann. § 8.01-243]

Written Contracts - 5 yrs. [VA Code Ann. § 8.01-246]

Oral Contracts - 3 yrs. [VA Code Ann. § 8.01-246]

Contracts for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [VA Code Ann. § 8.2-725] (breach-of-warranty actions involving Personal Injury may fall under the 2-year statute)

 

The right of action shall be deemed to accrue and the limitation period shall begin to run from the date the injury is sustained in the case of injury to the person or damage to property, when the breach of contract occurs in actions ex contractu and not when the resulting damage is discovered [VA Code Ann. § 8.01-230]

 

 

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Statutes of Repose (VIRGINIA)

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Products - None

Construction of Real Property - 5 yrs. (does not apply to manufacturers/suppliers of any equipment or machinery or other articles installed in a structure upon real property) [VA Code Ann. § 8.01-250]

 

 

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Claims Against Public/Gev. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (VIRGINIA)

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Against State or Transportation District - Notice within 1 yr.; Suit may be commenced upon denial of the claim or after expiration of 6 mos. from the date of filing the notice; Suit must be filed within 18 mos. of the filing of the notice of claim. [Virginia Tort Claims Act § 8.01-195.6; 8.01-195.7]

Against Counties/Cities - Notice within 6 mos. [VA Code Ann. § 15.2-209]

 

 

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Contributory Negligence (VIRGINIA)

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Strict contributory (Plaintiff is barred from recovery even if 1% at fault) [Baskett v. Banks, 245 S.E.2d 173 (Va. 1947)]

 

 

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Made Whole Doctrine (MWD) (VIRGINIA)

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Appears to be applied primarily in health insurance subrogation cases.  It is a general equitable principle of insurance law that, absent an agreement to the contrary, Insurer may not enforce a right to subrogation until Insured has been fully compensated [PRC, Inc. v. O'Bryan, 1998 WL 972277 (Va. Cir. CT. 1998) - unpublished opinion)]

 

 

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Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (VIRGINIA)

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Recognized/applied.

 

Under ELD, losses suffered as a result of the breach of a duty assumed only by agreement, rather than a duty imposed by law, remain the sole province of the law of contracts [Filak v. George, 594 S.E.2d 610 (Va. 2004)].  General contractor could not recover in common-law tort action from architectural firm for economic loss arising from firm’s breach of its contract with owner where there was no provision in contractor’s contract with owner protecting contractor against economic losses caused by firm’s failure to perform properly [Blake Const. Co., Inc. v. Alley, 353 S.E.2d 724 (Va. 1987)].  Home purchaser was not allowed to recover against subcontractor that installed pool and against architect for damage to indoor swimming pool and to foundation of house caused by leaking pool, where subcontractor and architect were not in privity of contract with home purchaser [Sensenbrenner v. Rust, Orling & Neale, Architects, Inc., 374 S.E.2d 55 (Va. 1988)].  Losses suffered as a result of the breach of a duty assumed only by agreement, rather than a duty imposed by law, remain the sole province of the law of contracts [Kaltman v. All American Pest Control, Inc., 706 S.E.2d 864 (Va. 2011)].  ELD applies in product liability cases as well [Burner v. Ford Motor Co., 2000 WL 33259938 (Va. Cir. Ct. 2000)]

 

 

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Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (VIRGINIA)

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In Med Mal cases, every motion for judgment, counter claim, or third party claim is deemed a certification that Plaintiff has obtained from an expert witness whom Plaintiff reasonably believes would qualify as an expert witness a written opinion signed by the expert witness that, based upon a reasonable understanding of the facts, Defendant for whom service of process has been requested deviated from the applicable standard of care and the deviation was a proximate cause of the injuries claimed [VA Code Ann. §§ 8.01-20.1; 8.01-50.1; 16.1-83.1]

 

 

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Landlord/Tenant Subrogation (VIRGINIA)

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Terms of the lease control, no “Sutton Rule.”  Lessee was exonerated where the lease contained provisions relieving lessee of obligation to pay rent or repair in case of fire, prohibiting conduct by lessee increasing cost of fire insurance to lessor, and making it lessor’s duty to provide for safety of the building [Monterey Corp. v. Hart, 224 S.E.2d 142 (Va. 1976)].

 

 

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Reimbursement of Deductible(s) (VIRGINIA)

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Auto - Pro rata.  Property - No law available.

 

 

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MedPay and PIP (VIRGINIA)

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MedPay and PIP - No subrogation in allowed and/or no such coverage is offered

 

 

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Liability of Parents (VIRGINIA)

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$2,500 for willful or malicious destruction/damage of property [VA Code Ann. §§ 8.01-43; 8.01-44].  Vehicle owner causing or knowingly permitting a minor to drive is jointly or severally liable with such minor for any damages caused by the negligence of such minor in driving such vehicle [VA Code Ann.§ 8.01-64]

 

 

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Joint Liability (VIRGINIA)

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Joint and several liability (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability) [Va.Code§8.01-443]

 

 

 

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Independent Cause of Action for Evidence Spoliation (VIRGINIA)

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Not addressed/recognized.

 

 

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Conflicts of Law (VIRGINIA)

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Torts- Virginia will apply the law of the state where the tort was committed.  Contracts - Virginia will apply the law of the state where the contract was made [Ryder Truck Rental, Inc. v. UTF Carriers, Inc., 790 F. Supp. 637 (W.D. Va. 1992)]