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 Crossclaims and the related topic of personal injury.For more information on crossclaim issues see the page on Wikipedia.
Crossclaims-Statutes
See Va. Code § 8.01-233. If counterclaim arises out of same occurrence as primary claim then statute of limitations as to counterclaim is tolled by filing of primary claim.
See Va. Code § 16-1-88.02 as to cross-claim in general district court.
Crossclaims-Cases
1983 Kings Mkts. v. Yeatts, 226 Va. 174, 307 S.E.2d 249.
Lessee of store cross-claimed against lessor seeking indemnification under terms of lease. Evidence indicated that lessee had undertaken lessor’s duty to keep area in safe condition since it was in lessee’s economic interest to keep area clear. Lease also provided that lessee was to maintain public liability insurance to provide protection for lessor against public liability arising out of lease agreement or user’s ownership of premises. Under these circumstances there was no basis for indemnity.
1981 American Realty Trust v. Chase Manhattan, 222 Va. 392, 281 S.E.2d 825.
Fraud alleged in this cross-claim based on concealment and misrepresentation.
1980 Iliff v. Richards, 221 Va. 644, 272 S.E.2d 645.
Order of nonsuit which dismisses plaintiff’s case against cross-defendant without notice to cross-claimant is abuse of discretion.
1979 Flintkote v. Wilkinson, 220 Va. 564, 260 S.E.2d 229.
Cross-claims for indemnity severed from main action.
1964 City of Richmond v. Branch, 205 Va. 424, 137 S.E.2d 882.
No basis for cross-claim since plaintiff had not actually recovered from defendant.
1955 Byrum v. Ames & Webb, 196 Va. 597, 85 S.E.2d 364.
Two defendants sued in property damage case. Neither cross-claimed although they could have done so.
