Legal Opinion
Bolen v. Overnite Transportation Co.
Richmond County Circuit Court
Decided March 27, 1985No. Case No. LH-1367PublishedCited by 1 opinion
1Opinion of the Court
By JUDGE WILLARD I. WALKER
Two issues have been presented to this court by plaintiff’s motion.
1. Is the plaintiff entitled to have the issues raised on the plea of release and accord and satisfaction tried by a jury?
2. Is it within the court’s discretion to grant separate trials or is the plaintiff entitled to have all of the issues, including the merits of the case, determined in a single proceeding and by the same jury?
There are a number of cases in Virginia where the validity of releases have been tried with tort actions by a jury, see e.g. Flowers v. Virginia R. Co., 135 Va. 367, 116 S.E.…
2Cases cited11 opinions
- Worrell v. WorrellSupreme Court of Virginia · 1939
- Bowie v. SorrellCourt of Appeals for the Fourth Circuit · 1953
- Brown v. EppsSupreme Court of Virginia · 1895
- Stallard v. Atlantic Greyhound LinesSupreme Court of Virginia · 1937
- Flowers v. Virginian Railway Co.Supreme Court of Virginia · 1923
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Spicer v. City of NorfolkNorfolk County Circuit Court · 1996