This page is a summary of decisions from the Virginia Supreme Court prepared by Brien Roche and dealing with the topic of flying objects and also the related topic of personal injury. For more information about premises liability see the pages on Wikipedia.
Flying Objects-Cases
1975 Indian Acres of Thornburg, Inc. v. Denion, 215 Va. 847, 213 S.E.2d 797.
Plaintiff struck by falling concrete thrown from silo by 12-year-old boy. Boy obtained concrete and used silo on property under construction. Silo owned by defendant. No liability on part of owner-developer.
1974 O’Brien v. Snow, 215 Va. 403, 210 S.E.2d 165.
Flying objects.Defendant discharged loaded shotgun toward plaintiff’s residence, causing damage to its exterior. Court improperly issued summary judgment for defendant on issue of punitive damages. Error: plaintiff should have been allowed to present witness regarding allegations, which, if proved, would entitle him to award of punitive damages.
1967 Bartlett v. Roberts Recapping, Inc., 207 Va. 789, 153 S.E.2d 193.
Defendant’s car stalled on highway; injured parties came to her aid; plaintiff’s vehicle came to such sudden stop that tires it was hauling were thrown off, killing one and injuring another. Plaintiff settled with injured parties and sued defendant for contribution; before contribution may be had, there must be cause of action by injured person against alleged joint tortfeasor or from whom contribution is sought. On these facts, no liability shown on part of defendant.
1945 Norfolk Belt Line v. Jones, 183 Va. 536, 32 S.E.2d 720.
Plaintiff was struck by rail thrown by gondola of defendant. Defendant failed to maintain adequate warning of danger.