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Gambrell v. City of Norfolk

In a personal injury action involving a "slip and fall" accident on snow and ice in a municipal parking lot, the evidence was sufficient to support the circuit court's decision sustaining the city's special plea of sovereign immunity since the action related to governmental functions after a major snow storm.

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Washington v. United Parcel Service

In a workers' compensation appeal, the Court of Appeals erred in addressing an issue of causal connection that was not properly before that court and not properly before the Commission. As a result, there was no basis for concluding that the claimant would be unjustly enriched by receiving benefits to which he was not entitled. A prior award of benefits remains valid, and the refusal to assess a 20% penalty was error. The judgment is reversed and the case is remanded for further proceedings. (Revised 3/8/04)

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The Dunbar Group LLC v. Tignor

In litigation involving the requested expulsion of a member of a limited liability company and an application for judicial dissolution of that entity, the trial court's judgment is affirmed in part, reversed in part, and final judgment is entered.

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Wright v. Kaye

In a medical malpractice action, the trial court erred in striking the plaintiff's expert witnesses and granting summary judgment for the defendant doctor. The court also erred in failing to grant certain in limine motions to exclude the discussions about risks of surgery and to bar certain hearsay statements. Other in limine motions were correctly decided. The judgment of the trial court is affirmed in part, reversed in part, and remanded for further proceedings.

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Lewis v. Commonwealth

No error is found in a review of the sentences of death imposed upon defendant after her guilty plea to charges of capital murder for hire in violation of Code &#167 18.2-31(2), robbery and related firearms offenses. There is no reason to commute the death sentences, and the judgment of the circuit court is affirmed.

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Beck v. Shelton

The trial court did not err in concluding that members-elect of a public body are not "members" under the plain language of The Freedom of Information Act (FOIA) and that a neighborhood street gathering was not a "meeting" under the FOIA, but did err in concluding that the e-mail communications used in this case constituted a "meeting" under the FOIA. The judgment is affirmed in part and reversed in part, and final judgment is entered. (Revised 4/1/04)

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Bates v. Commonwealth

In a wrongful death action against the Commonwealth under the Virginia Tort Claims Act, a notice of claim naming a university medical center was sufficient to comply with the requirements of Code &#167 8.01-195.6 for identification of the "place" where the injury was alleged to have occurred. The trial court erred in sustaining a plea of sovereign immunity and dismissing the claim with prejudice. The judgment is reversed and the case is remanded for further proceedings.

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Barkley v. Wallace

Because the circuit court erred in ruling that evidence of a personal injury plaintiff's medical bills and expenses that were discharged in bankruptcy was inadmissible for the limited purpose of proving her pain and suffering caused by the accident, the judgment is reversed and the case is remanded.

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Phipps v. Liddle

Where the granting of a nonsuit was appealed, Code &#167 8.01-229(E)(3) afforded the plaintiff six months to refile the action, running from the date the appellate court's mandate resolving the appeal was entered by the trial court. Because the plaintiff refiled the present action within that period, the trial court erred in dismissing it as untimely. The judgment is reversed and the case is remanded for further proceedings.

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Jerman v. Director Dept. of Corrections

In a petition for a writ of habeas corpus raising claims of ineffective assistance of counsel with regard to the petitioner's conviction for abduction, there is not a reasonable probability that, but for counsel's alleged deficiencies, the outcome of the proceeding would have been different. The petition is dismissed.

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AAA Disposal Services v. Eckert

A confession of judgment for the amount specified in the ad damnum clause of a motion for judgment was not valid and binding under Code &#167 8.01-431 without the plaintiff's acceptance. Therefore, the circuit court did not err in granting the plaintiff's motion to nonsuit the action after the defendant's filing of the confession.

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Russ v. Destival

A jury instruction stating that a bicyclist has a duty to refrain from entering or crossing an intersection in disregard of "close or approaching" traffic is an inaccurate statement of law in light of the plain terms of Code &#167 46.2-924(B), and thus the circuit court erred in granting the instruction. The judgment is reversed and the case is remanded.

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Norfolk Division of Social Services v. Hardy

No error in the trial court's determination that the best interest of the children would be served by not terminating mother's parental rights, and by allowing them to stay in the stable environment of foster care,is supported by the evidence.

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Aylor v. COMMONWEALTH

Appellant waived his argument by submitting the "weapon" issue to the jury and then expressly conceding the sufficiency of the evidence on this issue, we affirm.

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Yarborough v. COMMONWEALTH

The jury was properly instructed on the use of prior inconsistent statements at the close of all the evidence, we affirm appellant's conviction and remand for correction of the clerical error.

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Newman v. Newman

Upon Rehearing En Banc no error in denying husband's "Motion to Eliminate and/or Reduce" his contractual obligation to pay spousal support.

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Hardy v. Hardy

No error in the trial court's determination that the best interest of the children would be served by not terminating mother's parental rights, and by allowing them to stay in the stable environment of foster care,is supported by the evidence.

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Kay v. City of Norfolk

Summary affirmance: No error in denial of claim for benefits as appellant failed to prove she sustained injury by accident arising out of employment.

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