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Supreme Court grants 14 appeals

Two statute of limitations cases, one involving an allegation of legal malpractice, are among the 14 granted appeals the Supreme Court of Virginia has posted on its Web site this month.

The SOL cases are Laura Anna Head Kelley v. Pirsch & Associates PLLC (100446), which raises the issue of whether the three-year statute for an oral contract or the five-year statute a written contract applies in legal malpractice case based on allegedly inaccurate estate tax advice, and Kenneth J. Nunnenkamp v. Frederick V. Copenhaver (092506), which involves whether the two-year statute for fraud or the five-year statute for a written contract applied in an allegation that an accountant used undue influence to get a woman to convey a home by deed of gift.

The other cases are:
The related appeals, Virginia Marine Resources Commission v. Charles Clark (100034) and City of Virginia Beach v. Charles Clark (100043) in which the agency and city challenge the ruling by the Virginia Court of Appeals that beachfront residents who objected to the installation of a storm water pipe near their homes did not have to plead specific facts to demonstrate legal standing.

John Doe v. Commonwealth (100423), in which a registered sex offender asks the Supreme Court to analyze the trial court’s interpretation of the high court’s ruling last year that the local school board has the final say on the circumstances under which an offender can visit a school.

Government Employees Insurance Co. v. United Services Automobile Association (100332), a dispute over whether the driver of a car who was unlicensed, inexperienced and intoxicated nevertheless had implicit permission of the owner of the car, who had allowed her daughter to drive it with instructions to allow no one else to do so.

Concord Condominiums LLC v. Soontareya Tandraprapan (100231), whether a circuit judge properly dismissed an appeal from general district court when the final order was endorsed “Seen and agreed,” but the party that endorsed it contended that the endorsement did not refer to the entire claim and counterclaim stemming from a condominium contract and deposit.

Riverside Healthcare Association v. Sarah E. Forbes (100108), whether a $1.65 million condemnation award is income receipt instead of a principal receipt to the trust that owned the property.

Hugh Lincoln Cordon v. Commonwealth (092592), whether the evidence was sufficient to convict the defendant of constructively possessing cocaine found in a cooler in a room where the defendant had stayed earlier.

Lucia Abigal Bazan-Alfaro v. Commonwealth (100545), whether the Department of Medical Assistance Services had a lien under Virginia Code § 8.01-66.9 on a $1.35 medical malpractice settlement for services provided in the District of Columbia rather than in Virginia.

Terri Lynn Sullivan v. Commonwealth (100431), whether the evidence was sufficient to convict the president of a foundation that attempted to care for sick, abused or abandoned horses of animal cruelty for not seeking veterinary care for an obviously sick horse.

Craig E. Caldwell v. Virginia Electric and Power Co. (100372), whether the trial judge properly sustained VEPCO’s special plea under the Overhead High Voltage Line Safety Act, which immunizes the owner of an overhead power line from liability when an accident is caused by work within 10 feet of a line and the person performing the work failed to give notice to the owner. Victim was a bystander who contended that VEPCO’s negligence in obscuring the line and energizing it needlessly prevented the contractor from giving notice.

Condominium Services Inc. v. First Owners’ Association of Forty Six Hundred Condominium Inc. (100303), whether the board of directors of a homeowners’ association properly terminated the contract of the management agent for the association.

Gary McCoy v. Norfolk Southern Railway Company (100206), a challenge to a grant of summary judgment against two passengers in a truck that was struck by a train at an uncontrolled crossing.

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