SD7 - Torts, Damages and Related Subjects

  • Published: 1968
  • Author: Virginia Advisory Legislative Council
  • Enabling Authority: Request of the Governor (1967)

Executive Summary:

The subject matter of the law of torts is varied and interesting. As a practical matter, its application to the average citizen is limited to civil actions for personal injuries or death that have come about through automobile accidents, or by persons falling in public places. Not ignoring the other very important aspects of the practice of law, it can be stated that the great bulk of civil law suits pending on the dockets of our courts are involved with issues arising from automobile accidents. Each Session of the General Assembly is involved with considering proposals recommending changes in Virginia's legal procedure and substantive provisions of our Code relating to legal liability for the negligent operation of motor vehicles.

As a consequence the Honorable Mills E. Godwin, Jr., Governor, requested that the Virginia Advisory Legislative Council undertake a study involving the problem.

The Council selected Senator Joseph C. Hutcheson, member of the Council, Lawrenceville, as Chairman of the Committee to make the study and report to it. Selected to serve with Senator Hutcheson were the following: John Alexander, Warrenton, former State Senator; Senator M. M. Long, St. Paul; Garnett S. Moore, member of the House of Delegates, Pulaski; C. Stuart Wheatley, former member of the House, Danville; Judge Rayner V. Snead, Washington, Virginia; F. C. Bedinger, Jr., Boydton; E. I. Bostwick, Richmond; Fred B. Gentry, Roanoke; James A. Howard, Norfolk; Eugene J. Meyung, Charlottesville; H. Marston Smith; Warsaw, Wm. Earle White, Petersburg, Alexander L. Wilson, Arlington, and R. R. Young, Jr., Martinsville, all members of the legal profession.

The Committee organized and elected Senator Long as Vice-Chairman. G. M. Lapsley and Daniel E. Bray, Jr., were appointed Secretary and Recording Secretary, respectively.

The Committee collected information on the various aspects of the subject ·under study. A public hearing was held in the State Capitol and was well attended.

The Committee formed a subcommittee which gave detailed consideration to the aspects of uninsured motorist coverage.

The Committee- discussed many other aspects of the subject matter extensively at a number of meetings.

The Committee reviewed at length the applicable Code sections and drew on the combined wisdom of its membership who are active members of the legal profession and practice extensively in the areas related to the study.

The Committee completed its study and made its report to the Council.