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10 Virginia opinions name it 2 courts 1968–2009 0 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.
| Case | Followed | Cited |
|---|---|---|
Chodorov v. Eleygreen2 sentences2009We "have recognized that such an instruction is apt to give a jury `an easy way of avoiding instead of deciding the issue made by the evidence in the case.'" Chodorov v. Eley, 239 Va. 528 , 531, 391 S.E.2d 68 , 70 (1990) (quoting Mawyer v. Thomas, 199 Va. 897 , 901, 103 S.E.2d 217 , 220 (1958)). 2009We "have recognized that such an instruction is apt to give a jury `an easy way of avoiding instead of deciding the issue made by the evidence in the case.'" Chodorov v. Eley, 239 Va. 528 , 531, 391 S.E.2d 68 , 70 (1990) (quoting Mawyer v. Thomas, 199 Va. 897 , 901, 103 S.E.2d 217 , 220 (1958)). | 2 | 3 |
Bickley v. Farmergreen2 sentences1989In Bickley, Adm’x v. Farmer, 215 Va. 484 , 211 S.E.2d 66 (1975), the Court stated, "It is only where there is a reasonable theory of the evidence under which the parties involved may be held to have exercised due care, notwithstanding that the accident occurred, then an unavoidable accident instruction is proper." 215 Va. at 488 . 1989In Bickley, Adm’x v. Farmer, 215 Va. 484 , 211 S.E.2d 66 (1975), the Court stated, "It is only where there is a reasonable theory of the evidence under which the parties involved may be held to have exercised due care, notwithstanding that the accident occurred, then an unavoidable accident instruction is proper." 215 Va. at 488 . | 2 | 3 |
Batts v. Cappsgreen2 sentences1980Bickley, Adm’x v. Farmer, 215 Va. 484, 488 , 211 S.E.2d 66, 69-70 (1975); Batts v. Capps, 213 Va. 174, 175-76 , 191 S.E.2d 227, 228 (1972). 1980Bickley, Adm’x v. Farmer, 215 Va. 484, 488 , 211 S.E.2d 66, 69-70 (1975); Batts v. Capps, 213 Va. 174, 175-76 , 191 S.E.2d 227, 228 (1972). | 2 | 2 |
Mawyer v. Thomasgreen2 sentences1979We hold, as we did in Mawyer v. Thomas, supra, 199 Va. at 901, 103 S.E.2d at 220 , that the unavoidable accident instruction “gave the jury an easy way of avoiding instead of deciding the issue made by the evidence in the case. 1979We hold, as we did in Mawyer v. Thomas, supra, 199 Va. at 901, 103 S.E.2d at 220 , that the unavoidable accident instruction “gave the jury an easy way of avoiding instead of deciding the issue made by the evidence in the case. | 1 | 2 |
Marshall v. Goughnourgreen2 sentences2009We have repeatedly stated that "it is rarely permissible to give an unavoidable accident instruction." Marshall v. Goughnour, 221 Va. 265 , 269, 269 S.E.2d 801 , 804 (1980). 2009We have repeatedly stated that "it is rarely permissible to give an unavoidable accident instruction." Marshall v. Goughnour, 221 Va. 265 , 269, 269 S.E.2d 801 , 804 (1980). | 1 | 2 |
Holbert v. Evansgreen2 sentences1989An unavoidable accident is one "which ordinary care and diligence could not have prevented" or one occurring "in the absence of negligence upon the part of all the parties charged therewith." Holbert v. Evans, 209 Va. 210 , 163 S.E.2d 187 (1968). 1989An unavoidable accident is one "which ordinary care and diligence could not have prevented" or one occurring "in the absence of negligence upon the part of all the parties charged therewith." Holbert v. Evans, 209 Va. 210 , 163 S.E.2d 187 (1968). | 1 | 2 |
Damron v. Hagygreen2 sentences1980Damron v. Hagy, 220 Va. 455, 457 , 258 S.E.2d 517, 518 (1979). 1980Damron v. Hagy, 220 Va. 455, 457 , 258 S.E.2d 517, 518 (1979). | 1 | 1 |
Hogan v. Kansas City Public Service Co.green2 sentences1968However, in either event it was not error to grant it.” The out-of-state cases to which the plaintiff refers us are Hogan v. Kansas City Public Service Co., 322 Mo. 1103, 19 S. W. 2d 707, 713 (1929), where it was held that the giving of an unavoidable accident instruction should be limited to those “instances in which there is evidence tending to show the cause is unknown,” and Fenton v. Aleshire, 238 Ore. 24 , 393 P. 2d 217, 221, 222 (1964), where it *215 was held that “the instruction on unavoidable accident should not be given in any case” because the term “unavoidable accident” is “an anom 1968However, in either event it was not error to grant it.” The out-of-state cases to which the plaintiff refers us are Hogan v. Kansas City Public Service Co., 322 Mo. 1103, 19 S. W. 2d 707, 713 (1929), where it was held that the giving of an unavoidable accident instruction should be limited to those “instances in which there is evidence tending to show the cause is unknown,” and Fenton v. Aleshire, 238 Ore. 24 , 393 P. 2d 217, 221, 222 (1964), where it *215 was held that “the instruction on unavoidable accident should not be given in any case” because the term “unavoidable accident” is “an anom | 1 | 1 |
Fenton v. Aleshiregreen2 sentences1968However, in either event it was not error to grant it.” The out-of-state cases to which the plaintiff refers us are Hogan v. Kansas City Public Service Co., 322 Mo. 1103, 19 S. W. 2d 707, 713 (1929), where it was held that the giving of an unavoidable accident instruction should be limited to those “instances in which there is evidence tending to show the cause is unknown,” and Fenton v. Aleshire, 238 Ore. 24 , 393 P. 2d 217, 221, 222 (1964), where it *215 was held that “the instruction on unavoidable accident should not be given in any case” because the term “unavoidable accident” is “an anom 1968However, in either event it was not error to grant it.” The out-of-state cases to which the plaintiff refers us are Hogan v. Kansas City Public Service Co., 322 Mo. 1103, 19 S. W. 2d 707, 713 (1929), where it was held that the giving of an unavoidable accident instruction should be limited to those “instances in which there is evidence tending to show the cause is unknown,” and Fenton v. Aleshire, 238 Ore. 24 , 393 P. 2d 217, 221, 222 (1964), where it *215 was held that “the instruction on unavoidable accident should not be given in any case” because the term “unavoidable accident” is “an anom | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
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.