Home / Uncategorized (page 34)

Uncategorized

Feed Subscription

ALLSTATE INSURANCE CO. v. GAUTHIER

In an insurance coverage dispute concerning the insurer's denial of a loss claim for the sinking of a boat, the trial court's findings that the loss was caused by the negligence of the insured in failing to close the boat's seacock valve, and that such negligence did not fall within the exclusions to the policy, are neither plainly wrong nor without evidence to support them. Accordingly, pursuant to Code § 8.01-680, the trial court's judgment will not be disturbed, and it is therefore affirmed.

Read More »

TABOADA v. DALY SEVEN (ORDER) (123157)

Upon considering a petition for rehearing regarding the prior decision of this appeal reported at Taboada v. Daly Seven, Inc., 271 Va. 313, 626 S.E.2d 428 (2006), the Court is of the opinion that its judgment should not be set aside. Accordingly, the judgment of the trial court sustaining the defendant innkeeper's demurrer to the plaintiff guest's claim under Code &sect; 35.1-28 is affirmed, but its judgment sustaining the innkeeper's demurrer to the guest's common law negligence claim is reversed and the case is remanded for a trial on the merits thereof. (<a href="http://www.courts.state.va.us:80/#051094">See the Opinion, Taboada v. Daly Seven, Inc., dated March 3, 2006</a>)

Read More »

SWITZER v. SWITZER

The Court of Appeals abused its discretion in summarily dismissing divorce and custody appeals brought of right by an indigent pro se litigant based on its prior order barring him from filing future appeals until he paid a $500 judgment entered against him pursuant to Code § 8.01-271.1 as a sanction for filing a frivolous appeal in another custody case involving his son. The order was not narrowly tailored to correct the problem of frivolous filings, and summary dismissal was an unduly severe sanction depriving him of the statutory right to consideration of the appeals. The judgments are reversed and the cases are remanded.

Read More »

DOHERTY v. ALECK

In a malpractice case against a podiatrist, the evidence was clearly sufficient to make a jury issue of whether the surgery performed upon the plaintiff was a proximate cause of the amputation of his toe. The jury?s verdict was supported by credible evidence, and the trial court erred in setting the verdict aside. Issues concerning testimony to a reasonable degree of medical probability, waiver of objections, and proximate causation are discussed. The jury?s verdict is reinstated, and final judgment is entered in favor of plaintiff.

Read More »

COMMONWEALTH v. EPPS

Criminal contempt victimizes the court as an institution, as opposed to individual members thereof. Thus, in the appeal of the conviction of a city sheriff for criminal contempt and an order finding him in civil contempt, the Court of Appeals did not err in holding that a circuit court judge was not a "victim" of contempt of court as contemplated by Code § 19.2-271 and that she was therefore incompetent to testify in the contempt trial. The Court of Appeals' judgment is affirmed.

Read More »

TRANS WORLD AIRLINES v. MALICK

Summary affirmance ? no error in commission?s finding that appellee proved he suffered an aggravation of his original compensable injury by accident rather than a new injury by accident

Read More »

WISE v. COMMONWEALTH

This Court holds that Code Section 18.2-460(C) does not reach a substantial amount of constitutionally protected speech and is not facially violative of the First Amendment; appellant?s conviction of obstructing justice in violation of Code Section 18.2-460(C) is affirmed

Read More »

MARK A. DUDA v. SHIRLIE A. MCMANUS HUNT

Judgment pertaining to the ruling on visitation, the award of attorney?s fees to appellee, and the downward deviation from the presumptive child support guidelines for medical insurance costs are affirmed; judgment pertaining to the deduction for one-half of appellant?s self-employment tax is reversed and this matter is remanded to the trial court

Read More »

RADISSON HOTEL v. TISDALE

Summary affirmance ? commission did not err in finding that appellee sustained her burden of proving her right carpal tunnel syndrome constituted a compensable ordinary disease of life

Read More »

STROUD v. STROUD

Trial court did not err in permitting the introduction of evidence concerning the negotiations before execution of the PSA, but erred in finding that appellant had not established appellee?s cohabitation by a preponderance of the evidence and that, under PSA, individuals of the same sex cannot cohabitate in a situation analogous to marriage in VA; judgment reversed and remanded to trial court

Read More »

MARLYN WAYNE FERGUSON v. COMMONWEALTH

Trial judge did not err in finding the evidence sufficient to prove beyond a reasonable doubt that appellant?s failure to appear was willful; appellant?s conviction of failure to appear in court is affirmed

Read More »

A.O.V. v. J.R.V.

Trial court erred in refusing to grant appellant a reservation of the right to seek future spousal support; this matter is remanded to the trial court for inclusion of a reservation in the decree; trial court?s decisions regarding the other issues raised by appellant are affirmed

Read More »

LUTHER LEE WISE v. COMMONWEALTH

This Court holds that Code Section 18.2-460(C) does not reach a substantial amount of constitutionally protected speech and is not facially violative of the First Amendment; appellant?s conviction of obstructing justice in violation of Code Section 18.2-460(C) is affirmed

Read More »

DUDA v. HUNT

Judgment pertaining to the ruling on visitation, the award of attorney?s fees to appellee, and the downward deviation from the presumptive child support guidelines for medical insurance costs are affirmed; judgment pertaining to the deduction for one-half of appellant?s self-employment tax is reversed and this matter is remanded to the trial court

Read More »

JOSEPH ANTHONY STROUD v. DEBRA LYN STROUD

Trial court did not err in permitting the introduction of evidence concerning the negotiations before execution of the PSA, but erred in finding that appellant had not established appellee?s cohabitation by a preponderance of the evidence and that, under PSA, individuals of the same sex cannot cohabitate in a situation analogous to marriage in VA; judgment reversed and remanded to trial court

Read More »

FERGUSON v. COMMONWEALTH

Trial judge did not err in finding the evidence sufficient to prove beyond a reasonable doubt that appellant?s failure to appear was willful; appellant?s conviction of failure to appear in court is affirmed

Read More »

GRAVES v. COMMONWEALTH

Trial court did not err in excluding evidence of the victim?s bias against appellant, in exercising jurisdiction over the charged criminal offenses, or in holding the evidence was sufficient to convict appellant; appellant?s convictions for two counts of third-offense domestic assault and battery are affirmed

Read More »

TIMOTHY ROLLISON v. COMMONWEALTH

Trial court did not commit reversible error in instructing the jury, after appellant?s closing argument and before the Commonwealth?s rebuttal argument, that self-defense was not an issue in the case and that it must decide the case based on the instructions previously given; appellant?s convictions are affirmed

Read More »

RECTOR v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to suppress as established Fourth Amendment precedent supports the trial court?s ruling; judgment affirmed

Read More »

WRIGHT v. COMMONWEALTH

Appellant?s conviction for petit larceny third or subsequent offense is affirmed as the evidence is sufficient to support that conviction; appellant?s conviction for common law burglary is reversed as the evidence was insufficient to support that conviction and the case is remanded to the trial court for a new sentencing proceeding on the lesser-included offense of statutory burglary

Read More »

ROLLISON v. COMMONWEALTH

Trial court did not commit reversible error in instructing the jury, after appellant?s closing argument and before the Commonwealth?s rebuttal argument, that self-defense was not an issue in the case and that it must decide the case based on the instructions previously given; appellant?s convictions are affirmed

Read More »

NURSES 4 YOU, INC. v. FERRIS

Commission did not err in awarding claimant medical benefits for the injury she sustained when she fell on a wheelchair ramp as claimant satisfied her burden of proving that her injury arose out of her employment; commission?s decision is affirmed

Read More »

GARY WALTER WRIGHT v. COMMONWEALTH

Appellant?s conviction for petit larceny third or subsequent offense is affirmed as the evidence is sufficient to support that conviction; appellant?s conviction for common law burglary is reversed as the evidence was insufficient to support that conviction and the case is remanded to the trial court for a new sentencing proceeding on the lesser-included offense of statutory burglary

Read More »

B. P. SOLAR v. JONES

Commission did not err in finding that employer was not entitled to receive a credit for claimant?s short and long-term disability payments from an independent source

Read More »

ADIAN MARSELL BARTH v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to strike the breaking and entering charge as the evidence was sufficient to support appellant?s conviction of breaking and entering with the intent to commit assault and battery

Read More »

BARTH v. COMMONWEALTH

No error in trial court?s denial of appellant?s motion to strike the breaking and entering charge as the evidence was sufficient to support appellant?s conviction of breaking and entering with the intent to commit assault and battery

Read More »

KIMBERLY J. HOSIER v. CHARLES S. HOSIER

Trial court reasonably calculated the value of wife?s separate interest in marital home, did not err in ordering the home sold on the open market, had jurisdiction to require the sale of personal property, acted within its factfinding discretion in awarding child and spousal support, properly declined wife?s request for an award of attorney fees, and did not err in finding wife in contempt

Read More »

TAYLOR v. COMMONWEALTH

Trial court did not err in denying appellant?s motion to suppress; appellant?s conviction for carrying a concealed weapon is affirmed

Read More »

HOSIER v. HOSIER

Trial court reasonably calculated the value of wife?s separate interest in marital home, did not err in ordering the home sold on the open market, had jurisdiction to require the sale of personal property, acted within its factfinding discretion in awarding child and spousal support, properly declined wife?s request for an award of attorney fees, and did not err in finding wife in contempt

Read More »
Scroll To Top