Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a ...

Tagged with: Justice Cleo E. Powell Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

A defamation verdict against appellant is reversed because three statements submitted to the jury had previously been ruled as nonactionable statements of opinion. Background Handberg retained Goldberg to advocate for his son, who attended Loudon County Public Schools. Goldberg supplemented ...

Tagged with: Civil Practice Justice Elizabeth A. McClanahan Supreme Court of Virginia

The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

Tagged with: Chief Justice Donald W. Lemons Criminal Judge Cheryl V. Higgins Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Supreme Court of Virginia News

A Virginia trial judge failed in his role as gatekeeper when he allowed a jury to consider a conglomeration of disputed statements in a defamation case without removing nonactionable comments, the Supreme Court of Virginia has ruled. In its decision, ...

Tagged with: Justice Elizabeth A. McClanahan Supreme Court of Virginia News

The Supreme Court of Virginia has recognized a church’s “special relationship” duty to protect children from a known dangerous employee. The new opinion also offers a host of guidance in other aspects of pleading a case. The decision builds on ...

Tagged with: Criminal Employment Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Supreme Court of Virginia News

In a case of a two-pronged payback, a man who shot a pair of road-rage assailants and then sued the one who survived may have to try his damages case again in Richmond Circuit Court. Four justices of the Supreme ...

Tagged with: Justice D. Arthur Kelsey Justice Elizabeth A. McClanahan Supreme Court of Virginia News

Even though a widow’s suit for an elective share of her husband’s estate was served on the personal representative, the failure to name the personal representative as a defendant or otherwise mention her in the complaint made the suit a ...

Tagged with: Justice Elizabeth A. McClanahan Supreme Court of Virginia Wills & Trusts

Where two parties modified their own real estate contract, allegedly to the detriment of a non-party, the lower court erred by ruling in favor of the non-party on its tortious interference claim because parties cannot tortiously interfere with their own ...

Tagged with: Justice Elizabeth A. McClanahan Supreme Court of Virginia Tort

The totality of the evidence established that an arsonist’s inculpatory statements were knowingly and voluntarily made. Background A jury convicted Nicholas Secret of arson of an occupied dwelling and nine counts of attempted first-degree murder. On appeal, Secret contends the ...

Tagged with: Criminal Justice Elizabeth A. McClanahan Supreme Court of Virginia

Where a couple that owns a beach house did not intend to maintain control of the property during the rental period, the duty of care they owed to a renter is the commensurate with that of a landlord to a ...

Tagged with: Justice Elizabeth A. McClanahan Negligence Supreme Court of Virginia