Where an agreement obligated a bar to indemnify the city of Richmond for claims arising from the employment of city police officers, the indemnity clause was not triggered when plaintiff sued an officer working at the bar as an individual ...

Tagged with: Contract Justice S. Bernard Goodwyn Order Supreme Court of Virginia

A circuit judge who believed he could not retroactively modify a pendente lite award of spousal support made a “mistake of law,” the Supreme Court of Virginia has ruled. Overruling both the circuit judge and the Court of Appeals, the ...

Tagged with: Judge Charles James Maxfield Justice S. Bernard Goodwyn Supreme Court of Virginia News

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 loan servicing company was not in privity with the law firm that represented it in a foreclosure action against a property owner. As a result, when the property owner named only the law firm in an unsuccessful petition to ...

Tagged with: Civil Procedure Justice S. Bernard Goodwyn 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 ruling by the Supreme Court of Virginia that lawyers are not considered in privity with their clients means a former homeowner gets a second chance to challenge a foreclosure. The court’s holding comes in a matter of first impression, ...

Tagged with: Justice S. Bernard Goodwyn Supreme Court of Virginia News

A driver tagged with a $1.5 million car-crash verdict is not entitled to a setoff for the settlement the injured driver reached with her underinsured motorist carrier, the Supreme Court of Virginia has held. While the Virginia Code allows for ...

Tagged with: Justice S. Bernard Goodwyn Motor Vehicle Accident Supreme Court of Virginia News

A driver tagged with a $1.5 million car-crash verdict is not entitled to a setoff for the settlement the injured driver reached with her underinsured motorist carrier, the Supreme Court of Virginia has held. While the Virginia Code allows for ...

Tagged with: Justice S. Bernard Goodwyn Motor Vehicle Accident Supreme Court of Virginia News

A $1.5 million jury verdict against defendant cannot be offset by plaintiff’s $750,000 payment from her uninsured/underinsured motorist policy. Facts White was driving when Llewellyn backed out of her driveway and struck White’s vehicle. White was seriously injured and sued ...

Tagged with: Justice S. Bernard Goodwyn Personal Injury Supreme Court of Virginia

Defendant city’s rezoning of plaintiff’s property after an annexation was not void ab initio. Further plaintiff had no vested right to use the property in a particular way. As a result, plaintiff cannot complain that it was deprived of a ...

Tagged with: Justice S. Bernard Goodwyn Real Property Supreme Court of Virginia