breach standard (Virginia) · Go Syfert
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breach standard in Virginia

15 Virginia opinions name it 5 courts 1914–2025 2 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Griffett v. Ryangreen
va · 1994 · cited in 2 Virginia opinions naming this issue, 2000–2002
2 sentences

2002Griffett v. Ryan, 247 Va. 465, 470 (1994); St.

2000Griffett v. Ryan, 247 Va. 465, 470 , 443 S.E.2d 149, 151 (1994); see also St.

22
Horton v. Hortongreen
va · 1997 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025Cf. Horton v. Horton, 254 Va. 111, 115 (1997).

11
Bitar v. Rahmangreen
va · 2006 · cited in 1 Virginia opinions naming this issue, 2024–2024
1 sentence

2024Bitar v. Rahman, 272 Va. 130, 137-38 (2006).

11
Beverly Enterprises-Virginia, Inc. v. Nicholsgreen
va · 1994 · cited in 1 Virginia opinions naming this issue, 2010–2010
2 sentences

2010Cf. Beverly Enters.-Va., Inc. v. Nichols, 247 Va. 264, 269 , 441 S.E.2d 1, 4 (1994) (in nursing home negligence case, holding that whether expert testimony is required depends upon the degree of specialized knowledge required to determine the applicable standard and apply it to the facts).

2010Cf. Beverly Enters.-Va., Inc. v. Nichols, 247 Va. 264, 269 , 441 S.E.2d 1, 4 (1994) (in nursing home negligence case, holding that whether expert testimony is required depends upon the degree of specialized knowledge required to determine the applicable standard and apply it to the facts).

11
Brown v. Koulizakisgreen
va · 1985 · cited in 1 Virginia opinions naming this issue, 2006–2006
2 sentences

2006See Brown v. Koulizakis, 229 Va. 524 , 532, 331 S.E.2d 440 , 446 (1985) (in a medical malpractice action, the plaintiff must establish that the defendant breached the applicable standard of care and that the negligent acts were a proximate cause of the injury).

2006See Brown v. Koulizakis, 229 Va. 524 , 532, 331 S.E.2d 440 , 446 (1985) (in a medical malpractice action, the plaintiff must establish that the defendant breached the applicable standard of care and that the negligent acts were a proximate cause of the injury).

11
Ortiz v. Barrettgreen
va · 1981 · cited in 1 Virginia opinions naming this issue, 1997–1997
2 sentences

1997Code §54.1-3906; Ortiz v. Barrett, 222 Va. 118, 126, 278 S.E.2d 833, 837 (1981).

1997Code §54.1-3906; Ortiz v. Barrett, 222 Va. 118, 126, 278 S.E.2d 833, 837 (1981).

11
Washington County National Bank v. Washington Countygreen
va · 1940 · cited in 1 Virginia opinions naming this issue, 1971–1971
2 sentences

1971City of Richmond Commonwealth, 188 Va. 600, 625 , 50 S.E.2d 654, 666 (1948); Washington Bank Washington Co., 176 Va. 216, 218 , 10 S.E.2d 515, 516 (1940).

1971City of Richmond Commonwealth, 188 Va. 600, 625 , 50 S.E.2d 654, 666 (1948); Washington Bank Washington Co., 176 Va. 216, 218 , 10 S.E.2d 515, 516 (1940).

11
City of Richmond v. Commonwealthgreen
va · 1948 · cited in 1 Virginia opinions naming this issue, 1971–1971
2 sentences

1971City of Richmond Commonwealth, 188 Va. 600, 625 , 50 S.E.2d 654, 666 (1948); Washington Bank Washington Co., 176 Va. 216, 218 , 10 S.E.2d 515, 516 (1940).

1971City of Richmond Commonwealth, 188 Va. 600, 625 , 50 S.E.2d 654, 666 (1948); Washington Bank Washington Co., 176 Va. 216, 218 , 10 S.E.2d 515, 516 (1940).

11
Montecon v. Fauresgreen
la · 1848 · cited in 1 Virginia opinions naming this issue, 1914–1914
1 sentence

1914See Montecan v. Faures, 3 La.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Liberty Mutual Insurance v. Safeco Insurance Co. of America green
va · 1982
2 sentences

1988Similarly, in Safeco Ins., the trial court, sitting without a jury, found that a 51-day delay between the accident date and the date of notice was a breach of the requirement that notice be given “as soon as practicable.” In affirming the trial court, we said that the issue was “whether the trial court’s implicit holding that the notice was untimely is supported by credible evidence.” 223 Va. at 324 , 288 S.E.2d at 473 .

1988Similarly, in Safeco Ins., the trial court, sitting without a jury, found that a 51-day delay between the accident date and the date of notice was a breach of the requirement that notice be given “as soon as practicable.” In affirming the trial court, we said that the issue was “whether the trial court’s implicit holding that the notice was untimely is supported by credible evidence.” 223 Va. at 324 , 288 S.E.2d at 473 .

31988–1998
Bryan v. Burt green
va · 1997
2 sentences

2002They maintained that Perdieu failed to present expert testimony on these three required elements. *417 HCMF joined Dr. Rosenbaum’s and BFPC’s motion to strike the evidence and further argued that in order to establish proximate cause, pursuant to Bryan v. Burt, 254 Va. 28 , 486 S.E.2d 536 (1997), Perdieu was required to state “what should have been done.” HCMF maintained that Perdieu failed to present any evidence as to what measures should have been taken to prevent Overton’s falls.

2002They maintained that Perdieu failed to present expert testimony on these three required elements. *417 HCMF joined Dr. Rosenbaum’s and BFPC’s motion to strike the evidence and further argued that in order to establish proximate cause, pursuant to Bryan v. Burt, 254 Va. 28 , 486 S.E.2d 536 (1997), Perdieu was required to state “what should have been done.” HCMF maintained that Perdieu failed to present any evidence as to what measures should have been taken to prevent Overton’s falls.

12002–2002
Smith v. Lámar green
va · 1972
1 sentence

1988While the Virginia Supreme Court in Smith v. Lamar, 212 Va. 820 (1972), mandated a different standard of care for a police officer in hot pursuit of a violator, a breach of this standard nevertheless constitutes simple negligence.

11988–1988
Geo. Home Ins. v. Kinnier's adm'x neutral
va · 1877
1 sentence

1968The Court said: “Now this conduct of the company’s agent . . . amounted ... to a dispensing with the performance of the condition by the assured, or a waiver of the forfeiture incurred by the breach of it, or . . . [it] operated as an estoppel, precluding tihe company from afterwards relying upon the breach as a bar tú the claim of the assured for indemnity under the policy.” Id. at 107-08 .

11968–1968

Statutes the citing opinions construe

VA § Va. Code Ann. § 38.2-2226 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 426 (1919–2026) MI 146 (1888–2026) LA 113 (1979–2026) GA 106 (1932–2025) AL 100 (1915–2025) IL 95 (1891–2026) OH 81 (1931–2026) CT 69 (1878–2025) NY 63 (1838–2025) CA 54 (1942–2026) PA 54 (1890–2025) FL 49 (1970–2024) DC 41 (1978–2024) IN 36 (1912–2026) MS 31 (1987–2025) TN 30 (1990–2025) IA 28 (1874–2025) AZ 28 (1973–2026) NC 28 (1922–2026) MD 27 (1912–2026) MA 27 (1870–2025) UT 26 (1957–2025) WA 26 (1983–2026) MO 21 (1965–2022) NJ 20 (1951–2026) ID 20 (1915–2025) SC 19 (1907–2024) OR 19 (1903–2025) DE 18 (2015–2026) ME 17 (1827–2017) VA 15 (1914–2025) MN 13 (1915–2026) WY 13 (1976–2024) OK 13 (1913–2026) WV 12 (1916–2023) WI 11 (1890–2025) KY 11 (1963–2025) MT 10 (1983–2026) NE 9 (1914–2024) VT 9 (1938–2024) KS 8 (2001–2026) CO 6 (1971–2024) NV 5 (1918–2022) RI 5 (1997–2015) NM 5 (2016–2025) NH 5 (1829–2021) AK 3 (1991–2021) AR 3 (1932–2018) HI 3 (1922–2010) ND 3 (1988–2004) SD 2 (2007–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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