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BIO-MEDICAL APPLICATIONS OF VA v. COSTON (121812)

In a medical malpractice case, after briefing and oral argument of defendant's motion for summary judgment concerning the absence of any expert witness supporting plaintiff's claims, the trial judge announced a ruling for the defendant and invited further comments of counsel. Plaintiff's attempt to take a nonsuit at that time came too late. The trial court's ruling allowing a nonsuit is reversed and the case is remanded for further proceedings.

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WHITE DOG PUBLISHING v. CULPEPER BD. OF SUP. (121813)

In considering certain newspaper publishers' application for a writ of mandamus, the circuit court erred in finding that a county board of supervisors did not violate the Virginia Freedom of Information Act (FOIA) by going into a closed session at a particular meeting and erred in failing to award reasonable costs and attorney's fees under the Act. Because the purpose of the closed session was not the formation or modifications of a procurement contract, it did not fall within FOIA's statutory public contract exemption under Code § 2.2-3711(A)(30), and special circumstances did not make an award of fees and costs unjust. The judgment is reversed and the case is remanded.

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HOFFMAN FAMILY, L.L.C. v. CITY OF ALEXANDRIA (121814)

The circuit court correctly concluded that a city's condemnation of land to relocate a box culvert for its storm water management system, deemed necessary by the city to permit private development of an adjoining parcel in a manner consistent with the city's comprehensive plan, was for a public use contemplated under Code § 15.2-2109. The fact that such condemnation benefits an adjoining property owner is irrelevant, since the condemned property will be used exclusively as part of a public utility system built and controlled by the city. The judgment is affirmed.

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DREHER v. BUDGET RENT-A-CAR SYSTEM, INC. (121815)

A New York Vehicle and Traffic Law provision imposing vicarious liability on a vehicle owner for injuries caused by a permissive operator's negligence concerns a matter of contract. Comity principles and Virginia's choice of law rules thus require its application in Virginia litigation arising out of an accident occurring in Virginia involving a vehicle rented under a contract entered in New York. As a result, the circuit court?s judgment applying Virginia law to hold that two vehicle rental companies would have no vicarious liability based on their ownership of the vehicle is reversed. The case is remanded for further proceedings.

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TODAY HOMES, INC. v. WILLIAMS (121816)

In a case involving alleged arrogation of a corporate opportunity by two officers of the plaintiff corporation, the judgment of the trial court is affirmed in part, and reversed in part, and the case is remanded. Issues involving the corporate opportunity doctrine and the fiduciary duties of officers of a corporation are discussed.

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HODGES v. COMMONWEALTH (121801)

In a first-degree murder case, the Court of Appeals erred in one portion of its holding that the trial court did not commit reversible error by admitting into evidence certain statements made by the victim prior to her death. The judgment of the Court of Appeals is reversed and the case is remanded for a new trial if the Commonwealth be so advised.

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MILES v. COMMONWEALTH (121817)

When strictly construed, the provisions of Code § 37.2-903(C), a part of the Civil Commitment of Sexually Violent Predators Act, Code §§ 37.2-900 through -919, require that an inmate evaluated with a designated testing instrument receive, as a condition precedent, a particular numerical score in order for the Commonwealth to initiate proceedings to have him declared a sexually violent predator under the Act. The judgment is reversed and the Commonwealth's petition is dismissed with prejudice.

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ANGEL M. ANDERSON v. COMMONWEALTH

Trial court did not err in convicting appellant of 1991 charges of rape, robbery, and forcible sodomy as appellant?s DNA matched DNA from the state?s DNA databank; appellant?s convictions affirmed

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DAVID JASON O?CONNELL v. COMMONWEALTH

Trial court did not err in finding the evidence was sufficient to sustain appellant?s convictions of involuntary manslaughter and leaving the scene of an accident; appellant?s convictions affirmed

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UDAY PATEL v. LAVINA PATEL

Trial court did not err in classifying a portion of the investment in the residence, four bank accounts, and an investment account, as marital property, in valuing two of those bank accounts as of the separation date, and in awarding attorney?s fees to wife

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CLIFTON O. BALLARD, III v. BETHEL B. BALLARD

No reversible error in the trial court admitting evidence of negotiation and compromise between the parties; trial court erred by basing its division of the marital estate on a perceived economic hardship created by the divorce; judgment pertaining to the equitable distribution award is reversed and this matter is remanded to the trial court to reconsider the division of the marital property

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GIANT FOOD, INC. #142 AND AHOLD USA HOLDINGS, INC. v. ONDRIA GRIFFIN

Summary affirmance ? no error in commission?s finding that claimant sustained her burden of proving ongoing disability and awarding her temporary total disability benefits based upon what employer claims are an incomplete medical diagnosis and inaccurate medical history

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CLEVE CURRY v. CONSOL ENERGY, INC.

Summary affirmance ? commission did not err in finding that appellant specifically declined to allege his post-traumatic stress disorder (PTSD) as an injury by accident and failed to prove that his PTSD constituted a compensable occupational disease

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JEREMY JAYNES v. COMMONWEALTH

This Court holds that the trial court had jurisdiction over this case and that Code Section 18.2-152.3:1 does not violate the First Amendment, does not violate the Dormant Commerce Clause, and is not unconstitutionally vague; appellant?s convictions are affirmed

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GIANT FOOD v. GRIFFIN

Summary affirmance ? no error in commission?s finding that claimant sustained her burden of proving ongoing disability and awarding her temporary total disability benefits based upon what employer claims are an incomplete medical diagnosis and inaccurate medical history

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CURRY v. CONSOL ENERGY

Summary affirmance ? commission did not err in finding that appellant specifically declined to allege his post-traumatic stress disorder (PTSD) as an injury by accident and failed to prove that his PTSD constituted a compensable occupational disease

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JAYNES v. COMMONWEALTH

This Court holds that the trial court had jurisdiction over this case and that Code Section 18.2-152.3:1 does not violate the First Amendment, does not violate the Dormant Commerce Clause, and is not unconstitutionally vague; appellant?s convictions are affirmed

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PIERCE v. COMMONWEALTH

Trial court did not err in finding that appellant violated the terms and conditions of his probation and revoking his previously suspended sentences; trial court erred in ordering appellant?s sentences to run consecutively rather than concurrently and in failing to credit appellant with six months incarceration previously served; judgment affirmed in part, reversed in part, and case remanded

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DINGLER v. ROANOKE COLLEGE

Summary affirmance ? commission did not err in finding that appellant failed to prove he sustained a compensable injury by accident arising out of and in the course of his employment

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INLAND PAPERBOARD AND PACKAGING v. NELSON

Summary affirmance ? no error in commission?s finding that appellee proved his disability and medical treatment were causally related to his compensable injury by accident

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MURRAY v. COMMONWEALTH

Appellant?s conviction affirmed as this Court finds our consideration of the merits of appellant?s claims of error barred

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NEOFOTIS v. COMMONWEALTH

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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NEOFOTIS v. COMMONWEALTH (121403)

Trial court did not abuse its discretion when admitting into evidence the bank records under the business records exception to the hearsay rule; trial court did not err in finding the evidence was sufficient to prove appellant had the required intent necessary to commit the crime of embezzlement; conviction affirmed

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