A. A party asserting either a claim, counterclaim, cross-claim, or third-party claim or a defense may plead alternative facts and theories of recovery against alternative parties, provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence. Such claim, counterclaim, cross-claim, or third-party claim may be for contribution, indemnity, subrogation, or contract, express or implied; it may be based on future potential liability, and it shall be no defense thereto that the party asserting such claim, counterclaim, cross-claim, or third-party claim has made no payment or otherwise discharged any claim as to him arising out of the transaction or occurrence.
B. The court may, upon motion of any party, order a separate trial of any claim, counterclaim, cross-claim, or third-party claim, and of any separate issue or of any number of such claims; however, in any action wherein a defendant files a third-party motion for judgment alleging that damages to the person or property of the plaintiff were caused by the negligence of the third-party defendant in the operation of a motor vehicle, the court shall, upon motion of the plaintiff made at least five days in advance of trial, order a separate trial of such third-party claim.
Code 1950, § 8-96.1; 1974, c. 355; 1977, c. 617; 1981, c. 426; 1983, c. 183.
Notes of Decisions
Funny Guy, LLC v. Lecego, LLC, 795 S.E.2d 887 (Va. 2017).
· cites it 12× “01-272 is obviously limited to dealing with the combination of two sorts of claims at law (tort and contract), the first sentence of that section is not so limited; nor are Code § 8.01-281 or Rule 1:4(k) restricted to actions at law.”
Wright v. Eli Lilly & Co., 66 Va. Cir. 195 (Portsmouth Cir. Ct. 2004).
· cites it 35× “’ Va. Code Ann. § 8.01-281 (A); Va. Sup. Ct.”
Virginia Int'l Terminals, Inc. v. Ceres Marine Terminals, Inc., 879 F. Supp. 31 (E.D. Va. 1995).
· cites it 32× “may be for contribution, indemnity, subrogation, or contract, express or implied; it may be based on future potential liability, and it shall be no defense thereto that the party asserting such claim .”
Davis v. Marshall Homes, Inc., 576 S.E.2d 504 (Va. 2003).
· cites it 4× “" In Code § 8.01-281, the General Assembly also authorized the pleading of alternative facts and theories of recovery "provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence.”
Fox v. Deese, 362 S.E.2d 699 (Va. 1987).
· cites it 4× “01-272 and before the 1974 enactment of Code § 8.01-281. Code § 8.01-272 provides in pertinent part: In any civil action, a party may plead as many matters, whether of law or fact, as he shall think necessary.”
Lockney v. Vroom, 61 Va. Cir. 359 (2003).
· cites it 8× “Va. Code Ann. § 8.01-281 ; R. of Va. Sup.”
Packett v. Herbert, 377 S.E.2d 438 (Va. 1989).
· cites it 4× “” Relying on the provisions of Code § 8.01-281 3 and of Rule l:4(k), 4 Packett contends that she can join what she calls her action at law with this suit in equity.”
United Leasing Corp. v. Resource Bank, 58 Va. Cir. 96 (2001).
· cites it 12× “The court simply points out that allowing plaintiff to proceed in this action without a decision on its part whether to seek rescission of the Liquidation Agreement might lead to results that are impermissibly inconsistent, even in light ofVa. Code § 8.01-281 and Supreme Court…”
Powers v. Cherin, 452 S.E.2d 666 (Va. 1995).
· cites it 5× “” Similarly, and citing Code § 8.01-281, she argues that “a plaintiff may plead alternative theories of recovery against alternative defendants, provided that all claims arise out of the same transaction or occurrence.”
In Re Fela Asbestos Litig., 638 F. Supp. 107 (W.D. Va. 1986).
· cites it 5× “In 1981, however, the Virginia General Assembly amended § 8.01-281 of the Code to allow third-party claims for contribution and indemnity to be based on future potential liability.”
Kohl's Dep't Stores, Inc. v. Target Stores, Inc., 290 F. Supp. 2d 674 (E.D. Va. 2003).
· cites it 5× “01-281 states that a claim based on future potential liability in contribution or indemnification may be asserted in a third-party motion for judgment filed in a pending action even though the third-party claimant has not yet made any payment or otherwise discharged any claim…”
— Va. Code Ann. § 8.01-281(A) — 30 cases
Funny Guy, LLC v. Lecego, LLC, 795 S.E.2d 887 (Va. 2017).
“01-272 is obviously limited to dealing with the combination of two sorts of claims at law (tort and contract), the first sentence of that section is not so limited; nor are Code § 8.01-281 or Rule 1:4(k) restricted to actions at law.”
— Va. Code Ann. § 8.01-281(B) — 6 cases
Funny Guy, LLC v. Lecego, LLC, 795 S.E.2d 887 (Va. 2017).
“01-272 is obviously limited to dealing with the combination of two sorts of claims at law (tort and contract), the first sentence of that section is not so limited; nor are Code § 8.01-281 or Rule 1:4(k) restricted to actions at law.”
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