The latest news and cases from the Supreme Court of Virginia
">Buyer lost access to public road Posted in Civil Cases, Unpublished Orders on Jan 25th, 2013
A fight over an easement left one owner with restricted access to a public road, as the Supreme Court of Virginia said the easement had been extinguished by a prior owner’s purchase of both parcels. The 35-foot wide easement was created by a 1976 deed. Randolph Gaster acquired the two neighboring parcels in 2009. Because [...]
">Court split over builder’s contract recovery Posted in Civil Cases, Unpublished Orders on Jan 25th, 2013
In Smith v. Owens, the Supreme Court reversed a judgment for a home builder against a woman who had not signed a contract she and the co-owner allegedly jointly negotiated with the builder. Both owners, Walter Smith and Sarah Hill, were named in the contract, but Hill did not sign the contract. When contractor Carter [...]
">Legal pleadings faulted in shoulder dystocia case Posted in Civil Cases, Uncategorized, Unpublished Orders on Jan 25th, 2013
A mother’s defective legal pleadings prevented her birth-injured daughter from suing for medical malpractice, because the mother joined her daughter’s claim to the mother’s own claim. The suit alleged injuries from shoulder dystocia during the child’s birth on Jan. 1, 2000. Under Va. Code § 8.01-243.1, the child had until her 10th birthday to file [...]
">Conservator on the hook for assisted living rent Posted in Unpublished Orders on Oct 5th, 2012
Even though a family member with a power of attorney was listed as the “Financially Responsible Person” on an assisted living contract, the home could sue the resident’s appointed conservator for overdue rent payments, a divided Supreme Court holds in an unpublished order. When the patient became delinquent on her rent, the assisted living facility [...]
">Student missed mark for in-state tuition Posted in Unpublished Orders on Sep 27th, 2012
A George Mason University student was not entitled to in-state tuition, the Supreme Court of Virginia said in a Sept. 14 unpublished order in George Mason University v. Veng. A Fairfax Circuit had reversed GMU’s denial of in-state status to the undergraduate student as a dependent on her spouse, who grew up in Virginia prior [...]
">Fee award to condo association stands Posted in Appeals Dismissed, Unpublished Orders on Aug 3rd, 2012
The Supreme Court of Virginia has let stand an award of attorney’s fees to a condominium unit owners’ association in a suit filed by an owner who wanted compensation for property damage from a shower leak in her condo. Last year, an Alexandria Circuit Court awarded the association $65,375 in attorney’s fees in Kuehn v. [...]
">Counseling center zoning violation reversed Posted in Civil Cases, Unpublished Orders on Jun 15th, 2012
A counseling center can provide homeless people with meals, showers and laundry service, the Supreme Court of Virginia says. The non-residential center’s additional services were not illegal “accessory” services under the local zoning ordinance, the court said in a June 7 unpublished order. In Lamb Center v. City of Fairfax, the court unanimously reversed a [...]
">Missing manhole cover ‘open and obvious’ Posted in Civil Cases, Unpublished Orders on Mar 30th, 2012
A woman who fell into an open manhole while walking her dog cannot sue the contractor whose employee was on his way to her house to warn her about the manhole. The Supreme Court of Virginia agreed on March 30 the case could be thrown out on contributory negligence. Elizabeth Badawy left her townhouse to [...]
">Search after home invasion OK Posted in Criminal Cases, Unpublished Orders on Mar 29th, 2012
A man who shot back at armed invaders could not suppress drugs found in his home when police executed a search warrant for firearms and ammunition related to the shoot-out. Armed men invaded the apartment Derrick Wilson shared with a roommate. Wilson was upstairs at the time of the invasion. He got his gun from [...]
">Liability policy not ‘ambiguous” Posted in Civil Cases, Unpublished Orders on Mar 29th, 2012
A vehicle’s driver was a person “responsible for use” of the vehicle under an auto liability policy, and the carrier could not contest coverage on that point, the Supreme Court of Virginia said. The provision at issue said an “Insured Person” meant “any person given permission by you or a family member to use or [...]
