DOWLING v. ROWAN

In a dispute over probate of a will, the trial court correctly concluded that a premarital agreement constituted a waiver of the surviving spouse?s claims against "separate property" specified under the agreement, such that his claims for a statutory elective share of the decedent's estate, family allowance, and exempt property, could not be satisfied using any such property. Certain foreign real estate and life insurance policies were properly excluded from the augmented estate. Because the surviving spouse's elective share claim is distinguishable from his duties as executor of the estate, the trial court properly granted him fees for administration of the estate while denying his claim for fees related to the elective share litigation. The judgment is affirmed.

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NORFOLK SOUTHERN RWY. CO. v. ROGERS

In an action against a railroad under the Federal Employers? Liability Act, expert testimony offered by the plaintiff concerning exposure to unreasonably dangerous levels of silica dust lacked an adequate factual foundation. The remainder of the evidence presented was insufficient as a matter of law on the issue of the defendant's negligence. The judgment of the circuit court is reversed and final judgment is entered for the defendant railroad.

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DOE v. ZWELLING

In an action to recover damages for professional malpractice of a health care provider who allegedly engaged in an inappropriate and extraprofessional relationship with the plaintiff?s wife, the amended motion for judgment presented a combination of claims, some of which are barred by Code § 8.01-220 and others which are not. Thus the trial court erred in dismissing the entire case by sustaining the health care provider's demurrer. The judgment is reversed and the case is remanded.

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OLA v. YMCA OF SOUTH HAMPTON ROADS

In a personal injury case brought by the parents of a minor who was abducted and sexually assaulted in a bathroom while using the defendant membership-based organization's recreational facilities, the trial court correctly sustained the defendant's special plea of charitable immunity. Substantial evidence supported the court's conclusion that at the time of the minor's injury, defendant was a charitable organization operating in accordance with a charitable purpose and that the minor was a beneficiary of its charitable bounty. The judgment of the trial court is affirmed.

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COLES v. COMMONWEALTH

In a prosecution for attempted capital murder of a law enforcement officer by ramming into a police cruiser with a stolen automobile, the Court of Appeals correctly decided that the trial court reasonably could have concluded, upon consideration of all the evidence, including the defendant's conduct, that he was guilty of the charged offense beyond a reasonable doubt. The judgment is affirmed.

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BUTLER v. SOUTHERN STATES COOPERATIVE, INC.

In an action charging assault and battery and infliction of emotional distress by a co-worker who made sexual advances to the plaintiff, the trial court erred in sustaining special pleas in bar by the co-worker and the defendant employer asserting that the incident arose out of and in the course of the employment so as to be barred by the exclusivity provision of the Workers? Compensation Act, Code § 65.2-307. The judgment of the trial court is reversed and the case is remanded for further proceedings.

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GARLOCK SEALING TECHNOLOGIES v. LITTLE

In a wrongful death case arising from exposure to asbestos, federal maritime principles apply to plaintiff's cause of action against a manufacturer of products used during the construction and repair of navy vessels situated in navigable waters. The judgment is affirmed.

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THE LAMAR CO. v. BOARD OF ZONING APPEALS

In a case challenging a local board of zoning appeals' denial of an advertising company's request to change the location of two billboards, the trial court did not apply an incorrect standard of review under Code § 15.2-2314, as it solely resolved a question of law. Because cross-error was not assigned to any factual basis of the trial court?s decision, the presumption of the correctness of the BZA?s decision is not at issue as to any factual matter. The judgment of the trial court is affirmed.

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MCALEVY v. COMMONWEALTH

The Court of Appeals did not err in affirming a conviction for larceny on the grounds that the asportation element of that crime may be imputed to one who acts through an innocent agent. For the reasons stated in the opinion of the Court of Appeals, that court?s judgment is affirmed.

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WILLIAMS v. COMMONWEALTH

In sentencing a defendant convicted of two firearms-related offenses, a three-year term of postrelease supervision is added pursuant to Code § 19.2-295.2 to the 10-year term that could have been imposed for these offenses. The sentences imposed by the trial court were within the ranges set by the General Assembly for the underlying offenses and the period of postrelease supervision authorized by the statute and, therefore, were not illegal. Nor did the trial court abuse its discretion by imposing the sentences. The judgment of the Court of Appeals is affirmed.

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ALLIANCE TO SAVE THE MATTAPONI v. COMMONWEALTH

In a dispute over construction of a reservoir, Code § 62.1-44.29 waives sovereign immunity for judicial review of Water Control Board actions. The Board properly applied Code § 62.1-44.15:5(C) and the judgment under the Administrative Process Act is affirmed. On separate claims transferred from the Court of Appeals, that portion of the circuit court?s judgment holding that a particular Treaty is Virginia law is affirmed. The circuit court?s judgment that it lacked jurisdiction to consider the separate Treaty claims is reversed, and those claims are remanded for further proceedings.

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DENNIS G. KING v. MARIAN R. KING

Trial court did not err in its division of the parties? income tax refunds and in denying appellant an award of attorney?s fees

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SHAWN DELANO GREGORY v. COMMONWEALTH

Trial court did not err in admitting evidence of drugs and money found in the defendant?s apartment for purposes of establishing motive; the search warrant issued upon probable cause and the evidence recovered was admissible at the murder trial

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DERRICK MOTAMENI v. COMMONWEALTH

Trial court erred in finding evidence sufficient to prove penetration and sufficient to corroborate appellant?s statements to the police; appellant?s conviction is reversed

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JOSEPH HAYES v. PETERSBURG DEPARTMENT OF SOCIAL SERVICES

Summary affirmance ? trial court did not err in terminating the parental rights of appellant to his son as admissible evidence proved that the termination of appellant?s parental rights was in his son?s best interests

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DEBORAH JEAN HOLT v. GREENBRIER REALTY COMPANY, INC. AND THE UNINSURED EMPLOYER?S FUND

Summary affirmance ? commission did not err in finding that appellant?s claim for knee and peroneal nerve injuries was time-barred, that she failed to present a current opinion of disability, to prove that her right ankle problem and exacerbation of her RSD was causally related to her compensable injuries, and to prove she was totally disabled as a result of her compensable injuries

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KAREN DIANE DOADES v. CHARLES TIMOTHY DOADES

Trial court did not err in its valuation of the martial residence, equitable distribution award, denial of spousal support to appellant, consideration of her separate funds in its supports decisions, division of appellee?s business debt, and denial of appellant?s attorney?s fees request

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BETTY BARNARD v. RUSSELL H. BARNARD

Divorce order entered on December 30, 2004 affirmed except insofar as it pertains to the imposition of a five-year limitation on the award of spousal support and restricts modification of that order; finding that any adjudication of the real property rights and medical entitlements arising from the prenuptial agreement is premature, those rulings are vacated

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LEROY CLYBURN, JR. v. COMMONWEALTH

As the trial transcript does not refute the veracity of the final orders and final orders indicate appellant was arraigned on charges of carjacking and abduction, those convictions are affirmed

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NORFOLK ADMIRALS AND FEDERAL INSURANCE COMPANY v. TY A. JONES

Commission did not err in finding that claimant sustained a compensable injury by accident arising out of and in the course of employment, that his disability was not cumulative, and that he had no duty to market his residual capacity

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KING v. KING

Trial court did not err in its division of the parties? income tax refunds and in denying appellant an award of attorney?s fees

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GREGORY v. COMMONWEALTH

Trial court did not err in admitting evidence of drugs and money found in the defendant?s apartment for purposes of establishing motive; the search warrant issued upon probable cause and the evidence recovered was admissible at the murder trial

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MOTAMENI v. COMMONWEALTH

Trial court erred in finding evidence sufficient to prove penetration and sufficient to corroborate appellant?s statements to the police; appellant?s conviction is reversed

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GONZALEZ-TENAS v. COMMONWEALTH

Trial court did not err in finding evidence sufficient to support appellant?s abduction convictions and the related firearm convictions

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WALKER v. COMMONWEALTH

No error in trial court?s finding that evidence was sufficient to support appellant?s conviction of assault and battery

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GENESYS CONFERENCING, INC., et al. v. HARPER

Summary affirmance ? no error in commission?s finding that claimant proved he adequately marketed his residual work capacity and continued to be disabled as a result of his compensable injury by accident

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HAYES v. PETERSBURG DEPARTMENT OF SOCIAL SERVICES

Summary affirmance ? trial court did not err in terminating the parental rights of appellant to his son as admissible evidence proved that the termination of appellant?s parental rights was in his son?s best interests

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HOLT v. GREENBRIER REALTY COMPANY, INC., et al.

Summary affirmance ? commission did not err in finding that appellant?s claim for knee and peroneal nerve injuries was time-barred, that she failed to present a current opinion of disability, to prove that her right ankle problem and exacerbation of her RSD was causally related to her compensable injuries, and to prove she was totally disabled as a result of her compensable injuries

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DAVIS v. J.D. LITTLEJOHN, INC., et al.

Commission did not err in finding that appellant failed to cooperate with vocational rehabilitation efforts and to prove he sustained a compensable change in condition

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DOADES v. DOADES

Trial court did not err in its valuation of the martial residence, equitable distribution award, denial of spousal support to appellant, consideration of her separate funds in its supports decisions, division of appellee?s business debt, and denial of appellant?s attorney?s fees request

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