Where the circuit court ruled that appellant was the third-party beneficiary of a long-term ground lease but appellant and appellee did not agree what rights appellant acquired, the court erred by dismissing the case without resolving the issue. Statement of ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

Where an electric power company recorded its costs related to the early retirement of several coal-fired electricity generating plants as asset impairments, the State Corporation Commission erred by concluding that it was unreasonable for the power company to do so. ...

Tagged with: Administrative Justice D. Arthur Kelsey Justice William C. Mims Supreme Court of Virginia

Appellant’s argument that the circuit court lacked jurisdiction to order him to serve the balance of a previously suspended sentence after a probation violation is not well-taken. Appellant argues that jurisdiction was lacking because the sentence suspension period lapsed before ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia

The Supreme Court of Virginia affirmed a lower court’s ruling concluding that a doctor who treated inmates in a Virginia correctional center was protected by derivative sovereign immunity. The state’s high court also granted the doctor’s demurrer to a gross ...

Tagged with: Justice D. Arthur Kelsey Sovereign Immunity Supreme Court of Virginia

Where a city hired a doctor to provide medical care to inmates in the city’s detention center, the doctor has derivative sovereign immunity and cannot be sued for malpractice by a deceased inmate’s estate. Background Patterson was an inmate in ...

Tagged with: Justice D. Arthur Kelsey Medical Malpractice Supreme Court of Virginia

Where appellant referred to certain exhibits in its complaint, the exhibits did not have to been admitted as evidence at a plea-in-bar hearing before the circuit court could rule on the issue presented. Background Peterson, the appellee in this case, ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

In this business torts case, the trial court’s rulings on damages, attorney fees and interest are affirmed in part and reversed in part, which makes a third remand necessary. Overview This appeal arises from the trial court’s partial judgment against ...

Tagged with: Business Law Justice D. Arthur Kelsey Supreme Court of Virginia

Where the circuit court found for appellee in an easement dispute, this appeal became moot when appellee sold his property. The circuit court’s judgment is vacated. Because the case is moot, neither side was the “substantially prevailing party on appeal.” ...

Tagged with: Civil Practice Justice D. Arthur Kelsey Supreme Court of Virginia

The Court of Appeals erred by reversing appellee’s reckless driving conviction. There was sufficient evidence from which a rational jury could conclude that appellee’s collision with a stopped motorcycle resulted from “a ‘lengthy, total, and complete’ failure to keep a ...

Tagged with: Criminal Justice D. Arthur Kelsey Supreme Court of Virginia

The circuit court correctly determined appellant was not entitled to a statutory accounting from her brother relating to his management of their father’s financial affairs under a power of attorney. The power of attorney document specifically prohibited such accounting. Further, ...

Tagged with: Justice D. Arthur Kelsey Supreme Court of Virginia Wills & Trusts