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Rose v. Jaques

In a personal injury action, the trial court did not err in granting the parties the right to file, pursuant to Code § 8.01-428(C), a notice of appeal from an earlier order entering judgment, and therefore defendant's notice of appeal was timely filed. Issues concerning plaintiff's contributory negligence, the trial court's questioning of a witness, availability of damages for deposition-related stress, exclusion of evidence, propriety of closing argument, and excessiveness of the verdict are addressed. The judgment is affirmed.

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Friendly Ice Cream Corp. v. Beckner

In a suit to rescind a commercial lease amendment, the lessor was not entitled to a presumption of undue influence, and the chancellor erred in granting rescission based on such a presumption, where the record was insufficient to support either the finding that the lessor had a confidential relationship with the lessee's representative or that the amendment was either given in exchange for grossly inadequate consideration or was obtained under suspicious circumstances. The decree rescinding the lease amendment is reversed and final judgment is entered in favor of the lessee.

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Atkinson v. Penske Logistics, LLC

The trial court did not err in concluding that a waiver of uninsured motorist insurance coverage higher than the statutory minimum by a single named insured on a business vehicle insurance policy is binding upon all other named insureds on the policy under Code § 38.2-2206. The judgment is affirmed.

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Burns v. Warden (Order)

A portion of a prior order providing a limited grant of a Writ of Habeas Corpus is reinstated and the case is remanded to the circuit court for a jury determination of the petitioner's claim of mental retardation in accord with Code §§ 8.01-654.2, 18.2-10, 19.2-175, 19.2-264.3:1, 19.2-264.3:1.1, 19.2-264.3:1.2, 19.2-264.3:3, and 19.2-264.4.

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Horner v. Dept. of Mental Health

In an employment dispute involving an agency of the Commonwealth and one of its employees, resolved under a now-superseded version of the statutory provisions governing grievances and the powers of the first-level respondent to afford relief, the legislature provided the employee with the substantive right to be afforded a remedy by the first-level respondent. Once the employee accepted the remedy, the statutory scheme at the time precluded management from contesting the decision. The judgment of the Court of Appeals is reversed, and the judgment of the circuit court is reinstated. The case is remanded.

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Etherton v. Doe

The trial court erred in striking the plaintiff's evidence with respect to counts charging assault and willful and wanton conduct in a case arising from a non-contact altercation between the drivers of two automobiles. The judgment is reversed and the case is remanded for trial on both theories.

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Jaccard v. Commonwealth

Because a prior probation revocation is not admissible in the penalty determination phase of a bifurcated criminal jury trial as part of ?the record of conviction? of the defendant?s ?prior criminal convictions? pursuant to Code § 19.2-295.1, the judgment of the Court of Appeals to the contrary is reversed, and the case is remanded for a new sentencing hearing.

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Green v. Goodman-Gable-Gould Co.

The circuit court erred in going forward with trial of a declaratory judgment proceeding because the relief requested was a determination of a disputed issue rather than an adjudication of the parties? rights, and should have been litigated in a breach of contract action. The judgment is reversed and the case is dismissed.

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Harvey v. Warden (Order)

A petition for a writ of habeas corpus challenging the validity of a post-trial certificate of DNA analysis and related test results pursuant to Code § 19.2-327.1 is dismissed for lack of jurisdiction. Subsection G of that Code section expressly states that an action under this section shall not form the basis for relief in any habeas corpus proceeding or any other appeal.

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Schlimmer v. Poverty Hunt Club

In a personal injury suit arising from an accidental shooting at a hunt club, the trial court erred in failing to instruct the jury on the doctrine of negligence per se. The judgment is reversed and the case is remanded for a new trial.

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Carter v. Meadowgreen Associates

Under applicable federal and state law relating to tenancy in an apartment subject to rent subsidization by the federal Department of Housing and Urban Development, a tenant's family member, residing in leased property with the consent of the landlord, does not succeed to the tenant's rights under the lease upon the death of the tenant.

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Cook v. Commonwealth

Under Code § 16.1-271, the juvenile and domestic relations district court lacks jurisdiction over a juvenile who has previously been certified to the circuit court and indicted by a grand jury as an adult on charges that were later nolle prosequied. The circuit court's refusal to dismiss subsequent charges against the present defendant was correct. The judgment of conviction is affirmed.

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Quadros & Associates v. City of Hampton

The circuit court did not err in granting summary judgment in a breach of contract action where the terms of the agreement were plain and unambiguous, and did not require the defendant city to provide to the plaintiff law firm either a specific quantity of work or certain information that would facilitate the timely completion of such work. The judgment is affirmed.

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Maitland v. Allen

The trial court correctly held that partition could not be compelled by a life tenant of certain properties as against holders of the remainder interests in the properties. Denial of summary judgment on the life tenant's partition claim against another life tenant was not an appealable order. The judgment is affirmed in part and remanded.

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Commissary Concepts Mgmt. Corp. v. Mziguir

The evidence in an action for malicious prosecution was insufficient as a matter of law to support a finding that a prosecution against the plaintiff was instituted without probable cause. Thus, the trial court erred in denying the defendant's motion to strike the evidence and motion to set aside the jury verdict. The judgment is reversed, and final judgment is entered for the defendant.

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Bullard v. Alfonso

In a personal injury case, the trial court erred in excluding evidence of lost income allegedly suffered by the plaintiff, whose employer continued to pay him his regular salary during the period of his disability. The judgment is reversed and the case is remanded for a new trial limited to the issue of damages.

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Perel v. Brannan

The judgment in a suit involving restrictive covenants for building set-backs and buffer areas in a residential subdivision is affirmed in part and reversed in part, and the case is remanded. Issues are addressed with respect to specific enforcement of covenants, approvals by an architectural review committee under a recorded declaration, failure to plead claims for particular equitable relief, various equitable defenses, and the award of attorneys' fees.

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Dyer v. Dairyland Insurance Co.

A personal injury plaintiff's recovery for the negligence of one tortfeasor under the liability provision of a motor vehicle insurance policy did not preclude her recovery under the underinsured motorist provision of the same policy for the negligence of a joint tortfeasor. The trial court erred in ruling to the contrary on summary judgment. The judgment is reversed and final judgment is entered for the plaintiff.

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Jackson (Jerald) v. Commonwealth

An anonymous tip lacked sufficient indicia of reliability to justify an investigatory stop of a vehicle in which defendant was a passenger. Thus, the stop and subsequent search of the defendant were illegal, and the trial court erred in refusing to grant pre-trial suppression of the firearm and narcotics evidence seized. The judgment of the Court of Appeals is reversed, and the indictments are dismissed.

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Commonwealth v. Hicks

In a proceeding remanded from the United States Supreme Court, it is held that a redevelopment and housing authority's trespass policy is not void for vagueness under the Fourteenth Amendment to the United States Constitution and that the authority's policy does not violate a defendant's right of intimate association guaranteed by the Fourteenth Amendment. The judgment of the Court of Appeals is reversed and final judgment is entered affirming the defendant's trespass conviction.

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Virginia Tech. v. Interactive Return Service

The circuit court did not err in admitting evidence of consequential damages in a breach of contract action concerning assignment of intellectual property rights arising out of a privately sponsored research program at a public university, because a reasonably prudent person in the position of the contracting parties would have considered these damages to be the natural consequences of a breach of the agreement. The judgment of the circuit court is affirmed.

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Lifestar Response of Maryland v. Vegosen

Plaintiff?s failure to serve the required notice along with the motion for judgment in a personal injury suit meant that defendant never received "process." The trial court thus lacked jurisdiction over defendant and erred in entering a default judgment. Since the process was defective, rather than the manner of service, the savings provision of Code § 8.01-288 does not apply. The default is vacated and the judgment is reversed. The case is remanded.

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Milteer v. Commonwealth

The evidence was sufficient to sustain defendant's conviction under Code § 59.1-41.3 for knowing possession of illegally reproduced videocassettes for sale, and that conviction is affirmed. A charge for possessing compact discs that did not disclose their true manufacturer (a counterfeiter) is dismissed because Code § 59.1-41.4 does not independently criminalize failure to abide by its labeling requirements. A related probation revocation disposition is reversed and remanded for further proceedings.

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Cochran v. Fairfax Cty. Bd. of Zoning Appeals

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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Filak v. George

In an action alleging breach of contract and constructive fraud based on an insurance agent's alleged failure to procure a fire insurance policy with certain provisions, the circuit court did not err in sustaining the defendant's demurrer to a constructive fraud claim and in striking the plaintiff's evidence on a breach of contract claim. The judgment is affirmed.

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Dandridge v. Marshall

In a personal injury action, the trial court erred in excluding certain testimony proffered by the plaintiff and allowing other testimony over objection. The judgment is reversed and the case is remanded for a new trial on the issue of damages.

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Slagle v. Hartford Insurance Company

The trial court erred in denying summary judgment for an injured plaintiff, who was "using" a tractor-trailer in a manner contemplated by Code § 38.2-2206(B) when he was injured and, thus, was entitled to underinsured motorist coverage despite the fact that he had neither previously occupied nor immediately intended to occupy the tractor-trailer at the time of his injury. The judgment is reversed and final judgment is entered for plaintiff.

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Schwartz v. Commonwealth

The circuit court did not err in finding defendant guilty of three counts of arson where the facts showed that two vehicles and a home were destroyed by fire ignited on one of the vehicles. The judgment of the Court of Appeals confirming these convictions is affirmed.

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Video Zone, Inc. v. KF&F Properties

The circuit court did not err in holding that the terms of a commercial lease required a tenant to replace certain heating, ventilation, and air conditioning equipment located primarily on the roof of the leased premises. The judgment is affirmed.

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MacNeal v. Town of Pulaski Bd. of Zoning Appeals

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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Maddox v. Commonwealth

In a personal injury claim arising out of a bicycle accident, the trial court did not err in dismissing the action on grounds of sovereign immunity. The nuisance claims in this case are precluded by the legislative function exception to the Commonwealth?s waiver of sovereign immunity in the Virginia Tort Claims Act. The judgment is affirmed.

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Bd. of Zoning of the City of Virginia Beach v. Pennington

Under Code § 15.2-2309(2) a board of zoning appeals has no authority to grant a variance from the applicable zoning ordinance provisions unless the ordinance, as applied to the property under consideration, would, in the absence of a variance, interfere with all reasonable beneficial uses of the property, taken as a whole. Three judgments involving variance resolutions are reversed and final judgments are entered.

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Southern Floors and Acoustics v. Max-Yeboah

In a personal injury action against a grocery store, the issue of contributory negligence was properly submitted to the jury, but the court erred in instructing the jury that the store could be liable for the negligence of an independent contractor working on the floors. The store did not have a duty to supervise the work and did not have actual or constructive knowledge of the condition causing plaintiff's injury. Final judgment is entered affirming in part and reversing in part.

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Food Lion, Inc. v. Max-Yeboah

In a personal injury action against a grocery store, the issue of contributory negligence was properly submitted to the jury, but the court erred in instructing the jury that the store could be liable for the negligence of an independent contractor working on the floors. The store did not have a duty to supervise the work and did not have actual or constructive knowledge of the condition causing plaintiff's injury. Final judgment is entered affirming in part and reversing in part.

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Jones v. Hill

The trial court correctly ruled that a lien may attach to the vested interest of a remainderman who takes from a life tenant having full power to dispose of the entire corpus of the estate, and that a creditor of a remainderman may enforce the lien after the death of the life tenant, when the remainderman predeceases the life tenant. The judgment is affirmed.

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O'Neill v. Windshire-Copeland Associates

In responding to a certified question of law, it is held that a personal injury plaintiff's contributory negligence in connection with a fall from an apartment balcony may be relied upon by the defendant apartment owner even where the protective railing of the balcony does not comply with municipal building code height requirements.

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Fireman's Fund Insurance Co. v. Sleigh

In a declaratory judgment proceeding, the trial court correctly concluded that an uninsured motorist's use of a car door to injure the insured was a use of the uninsured vehicle "as a vehicle" such that uninsured motorist coverage was applicable under Code § 38.2-2206 and the terms of the injured insured's own motor vehicle insurance policy. The judgment is affirmed.

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Orbe v. Johnson

The trial court did not err in refusing injunctive relief staying appellant's execution because it lacked power to grant such relief and because a declaratory judgment action could not serve as the vehicle for obtaining such relief, due to the removal of appellant's claimed constitutional issues from actual controversy by operation of a statute under which he was deemed to have selected the method of his execution. Appellant's appeal and his request for a stay of execution are denied.

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Orbe v. Warden

A petition for writ of habeas corpus attempting to challenge the constitutionality of Virginia's lethal injection protocol is dismissed for lack of jurisdiction where the petition failed to challenge petitioner's death sentence and either the fact or the duration of petitioner's imprisonment, and did not seek a determination that petitioner was entitled to an immediate or speedier release.

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