Supreme Court of Virginia Decisions 2011

Montgomery County v. Va. Dep't of Rail & Pub. Transp.  
Date: November 4, 2011
Docket Number: 100350

Justia Opinion Summary: The Virginia Department of Rail and Public Transportation (DRPT) entered into an agreement, pursuant to the Rail Enhancement Fund created by Va. Code Ann. 33.1-221.1:1.1, to grant funds to Norfolk Southern Railway Compan...

Schuman v. Schuman  
Date: November 4, 2011
Docket Number: 100967

Justia Opinion Summary: After Wife filed a complaint for divorce from Husband, the trial court conducted an equitable distribution hearing, pursuant to which it determined that, because Wife exercised some of the options with separate funds, th...

Landrum v. Chippenham & Johnston-Willis Hosps.  
Date: November 4, 2011
Docket Number: 101102

Justia Opinion Summary: Kasey Landrum sued Defendants, Chippenham and Johnson-Willis Hospitals and Dr. John Deitrick, for medical malpractice. Because Landrum did not identify her expert witnesses in accordance with the circuit court's scheduli...

Ruhlin v. Samaan  
Date: November 4, 2011
Docket Number: 101209

Justia Opinion Summary: Jeffrey Ruhlin filed a complaint against Mariam Samaan, seeking damages for injuries he suffered in an automobile accident with Samaan. The jury found in favor of Ruhlin and awarded him $5,000 in damages. Ruhlin appealed...

Ott v. Monroe  
Date: November 4, 2011
Docket Number: 101278

Justia Opinion Summary: Dewey Monroe, a member of a limited liability company, died. Through his will, Dewey bequeathed his entire estate to his daughter, Janet. Janet asserted that Dewey transferred his membership in the company to her. Lou An...

Adcock v. Commonwealth  
Date: November 4, 2011
Docket Number: 101316

Justia Opinion Summary: Wife sought to collect installments of child support that were due between the years 1967 and 1982. The circuit court determined the total amount of support arrearages due Wife was $73,629. The court of appeals affirmed....

Home Paramount Pest Control Cos. v. Shaffer  
Date: November 4, 2011
Docket Number: 101837

Justia Opinion Summary: Employee of a pest control company signed an employment agreement containing a provision stating that he would not engage in similar business within two years after he ceased employment. After resigning and within the tw...

Bakran v. Commonwealth
Date: November 4, 2011
Docket Number: 102244
Bevel v. Commonwealth  
Date: November 4, 2011
Docket Number: 102246

Justia Opinion Summary: Defendant James Bevel was convicted in a jury trial for having sexual relations with his daughter. Bevel's counsel filed a notice of appeal, after which Bevel died. Counsel filed a motion to abate conviction ab initio, w...

Smith v. Commonwealth  
Date: November 4, 2011
Docket Number: 102398

Justia Opinion Summary: A grand jury indicted Smith for possession of marijuana with intent to distribute. Two days later, Smith applied for the purchase of a semi-automatic pistol. Smith answered that he was not under indictment for a felony o...

Davis v. Commonwealth (ORDER)
Date: November 4, 2011
Docket Number: 102420
Bowman v. Johnson  
Date: November 4, 2011
Docket Number: 102471

Justia Opinion Summary: After a jury trial, Calvin Bowman was found guilty of robbery, abduction, and two counts of use of a firearm during the commission of a felony. The court of appeals and Supreme Court affirmed. Bowman subsequently filed...

Christian v. State Corp. Comm'n  
Date: November 4, 2011
Docket Number: 102477

Justia Opinion Summary: George Christian filed petitions for temporary injunction and declaratory relief, alleging that the clerk of the State Corporation Commission (SCC) failed to provide requested public records relating to all overpayments...

McDowell v. Commonwealth (ORDER)
Date: November 4, 2011
Docket Number: 102478
Anderson v. Commonwealth  
Date: November 4, 2011
Docket Number: 110069

Justia Opinion Summary: Defendant Jerry Anderson was found guilty of fellatio by force and sentenced to fifteen years' imprisonment. The court of appeals denied his appeal. At issue was whether prior consistent statements made by the complainin...

Michael E. Siska Revocable Trust v. Milestone Dev., L.L.C.  
Date: September 16, 2011
Docket Number: 092491

Justia Opinion Summary: A limited liability company (MIC) was formed for the purpose of building and operating a hotel. The original members of MIC were a revocable trust (the Trust), trustee Michael Siska, and Thomas, Jane, and Jason Dowdy. La...

Doud v. Commonwealth  
Date: September 16, 2011
Docket Number: 100285

Justia Opinion Summary: James Proffitt was convicted of a felony sexual offense involving a minor and was sentenced to a term of imprisonment. The circuit court, shortly thereafter, appointed Melissa Doud as Proffitt's guardian and conservator....

Fox Rest Assocs., L.P. v. Little  
Date: September 16, 2011
Docket Number: 100434

Justia Opinion Summary: Plaintiff Fox Rest Associates (Fox Rest) was formed to purchase Fox Rest Apartments. Defendants in this case were George Little, Fox Rest's legal counsel through his law firm, George B. Little and Associates (GBL&A), Geo...

AES Corp. v. Steadfast Ins. Co.  
Date: September 16, 2011
Docket Number: 100764

Justia Opinion Summary: Kivalina, a native community located on an Alaskan barrier island, filed a lawsuit (Complaint) in a California district court against The AES Corporation, a Virginia-based energy company, and numerous other defendants fo...

Copeland v. Todd  
Date: September 16, 2011
Docket Number: 100929

Justia Opinion Summary: Leslie Todd gave birth to a female child while incarcerated. Lucretia Copeland eventually became the baby's primary physical custodian. Approximately two years later, Copeland filed a petition to adopt the child without...

David White Crane Serv. v. Howell  
Date: September 16, 2011
Docket Number: 100981

Justia Opinion Summary: An employee of the general contractor on a construction site was allegedly injured by the negligent act of the employee of a subcontractor who carried no workers' compensation insurance. Plaintiff, the injured party, bro...

Bell v. Casper  
Date: September 16, 2011
Docket Number: 101004

Justia Opinion Summary: These appeals arose out of two cases brought after Mother was shot and killed by her only child, Clayton Lynn. Mother's will identified Lynn as the sole beneficiary of her estate. Lynn's daughters (Granddaughters) filed...

McCarthy Holdings L.L.C. v. Burgher  
Date: September 16, 2011
Docket Number: 101031

Justia Opinion Summary: McCarthy Holdings filed a complaint against Vincent Burgher, seeking a declaratory judgment concerning an easement agreement. McCarthy, the owner of the dominant estate, sought a declaration that it had the right, as a m...

Zinone v. Lee's Crossing Homeowners Ass'n  
Date: September 16, 2011
Docket Number: 101085

Justia Opinion Summary: Plaintiff, a property owner within the Lee's Crossing subdivision, sought declaratory and injunctive relief and an award of monetary damages against Defendants, the Lee's Crossing Homeowners Association, the developer of...

Bank of the Commonwealth v. Hudspeth  
Date: September 16, 2011
Docket Number: 101120

Justia Opinion Summary: After Roger Hudspeth's employment with the Bank of the Commonwealth was terminated, Hudspeth filed a complaint against the Bank, alleging the Bank failed to pay him compensation owed for his employment. The Bank filed a...

Comtois v. Rogers  
Date: September 16, 2011
Docket Number: 101128

Justia Opinion Summary: Lawton Rogers, an attorney, and three associates (Plaintiffs) formed a partnership (the Firm) by signing a partnership agreement. Each Plaintiff signed a note securing his indebtedness with his interest in the Firm. Late...

Kummer v. Donak  
Date: September 16, 2011
Docket Number: 101232

Justia Opinion Summary: Justine Critzer died intestate with, apparently, no spouse, siblings, children or parents to survive her. Nancy Donak, the administratrix of Critzer's estate, subsequently discovered that the Mary Kummer ("Mrs. Kummer"),...

Turner v. Commonwealth  
Date: September 16, 2011
Docket Number: 101457

Justia Opinion Summary: A jury found Dustin Turner guilty of abduction with intent to defile and first-degree felony murder. Billy Brown, the other person implicated in the crime, later confessed in a signed affidavit that he alone killed the v...

Commonwealth v. Bell  
Date: September 16, 2011
Docket Number: 102314

Justia Opinion Summary: Derek Bell was declared by a jury in circuit court to be a sexually violent predator and was civilly committed to the custody of the Department of Mental Health, Mental Retardation and Substance Abuse Services for approp...

Rix v. Commonwealth (ORDER)
Date: June 9, 2011
Docket Number: 101737
Brooks v. Commonwealth  
Date: June 9, 2011
Docket Number: 091047

Justia Opinion Summary: Police officers asked D'Angelo Brooks for permission to search his house for a weapon after someone reported shots fired. Brooks consented. During the search an officer opened a bag, in which he found cash and cocaine. T...

Taco Bell of America, Inc. v. Commonwealth  
Date: June 9, 2011
Docket Number: 092465

Justia Opinion Summary: In 2008 the Commonwealth Transportation Commissioner of Virginia condemned the Taco Bell restaurant building located near a federal highway. Taco Bell argued that approximately 42 pieces of equipment used in the restaura...

Bennett v. Sage Payment Solutions, Inc.  
Date: June 9, 2011
Docket Number: 100199

Justia Opinion Summary: Robert Bennett signed a one-year employment agreement with Sage. That summer, Bennett communicated to Sage that he would require an increase of almost triple his salary or he would transition out of the company. When Sag...

Mulford v. Walnut Hill Farm Group, L.L.C.  
Date: June 9, 2011
Docket Number: 100333

Justia Opinion Summary: Gardiner Mulford purchased a tract of land after being advised by the seller that it might be landlocked and reviewing an appraisal that concluded an access easement would need to be acquired. Mulford began to use an old...

Riverside Owner v. City of Richmond  
Date: June 9, 2011
Docket Number: 100347

Justia Opinion Summary: The City of Richmond provides a partial exemption from real estate taxes for qualifying rehabilitated property if a property increases in value by at least forty percent because of rehabilitation. According to the city c...

Kocher v. Campbell  
Date: June 9, 2011
Docket Number: 100399

Justia Opinion Summary: In 2004, Campbell was involved in a motor vehicle collision with Kocher. In 2005, Campbell filed for bankruptcy and received a notice of discharge a year later. In 2006, Campbell filed two personal injury actions against...

Lewis-Gale Medical Center v. Alldredge  
Date: June 9, 2011
Docket Number: 100457

Justia Opinion Summary: In 2005, Southwest Emergency Physicians, Inc. (SWEP) and Alldredge entered into a contract under which SWEP's physician-employees staffed Lewis-Gale's emergency department. The contract provided that it could be terminat...

Rutter v. Oakwood Living Centers  
Date: June 9, 2011
Docket Number: 100499

Justia Opinion Summary: Barabara Rutter filed a wrongful death action in June 2000 against Oakwood, a living center, Prism Rehab, a company providing physical therapy services, and the president and employee of Prism Rehab. Dixon and Prism Reha...

Davis v. County of Fairfax  
Date: June 9, 2011
Docket Number: 100632

Justia Opinion Summary: Fairfax County filed a petition in the general district court, seeking an order declaring Dolores Davis to be an unfit pet owner. The general district court entered the order, and Davis appealed to the circuit court. The...

Eastlack v. Commonwealth  
Date: June 9, 2011
Docket Number: 100650

Justia Opinion Summary: In 2005, David Eastlack was charged with malicious wounding. The circuit court found Eastlack not guilty by reason of insanity. In 2009, Eastlack filed a petition in the circuit court seeking expungement of the police an...

Cappo Management V, Inc. v. Britt  
Date: June 9, 2011
Docket Number: 100797

Justia Opinion Summary: Brenda Britt obtained a new car from a car dealership after completing and signing, among other documents, a buyer's order and a retail installment sales contract. After failing to obtain financing for the sale of the ca...

Dabney v. Augusta Mutual Insurance Co.  
Date: June 9, 2011
Docket Number: 100841

Justia Opinion Summary: In 2002, Pauline Dabney was attacked by two pit bull dogs owned by Elease Otey, who had recently died. Otey held an insurance policy issued by Augusta Mutual Insurance Company that contained a condition requiring the ins...

Rix v. Commonwealth (order)
Date: June 9, 2011
Docket Number: 101737
Kelso v. Commonwealth  
Date: June 9, 2011
Docket Number: 101866

Justia Opinion Summary: Harry Kelso was convicted in the Circuit Court of Hanover County of three counts of causing a juvenile to assist in the distribution of marijuana to a third party in violation of Va. Code Ann. 18.2-255(A)(ii). Kelso appe...

Sanders v. Commonwealth  
Date: June 9, 2011
Docket Number: 101870

Justia Opinion Summary: Geoffrey Sanders was convicted by a jury of forcible sodomy, rape, object sexual penetration, and taking indecent liberties with a child. During the trial, the circuit court allowed the commonwealth's medical expert, a d...

Commonwealth v. McNeal  
Date: June 9, 2011
Docket Number: 101933

Justia Opinion Summary: David McNeal was convicted in a bench trial in the circuit court for failing to return rented personal property within ten days after expiration of the rental period in violation of Va. Code Ann. 18.2-118. At trial, the...

Level 3 Communications, L.L.C. v. State Corp. Comm'n  
Date: June 9, 2011
Docket Number: 102043

Justia Opinion Summary: Level 3 Communications is a telecommunications company providing wholesale Internet services to major Internet service providers. Level 3 filed applications to correct the amount of its gross receipts certified by the St...

Uniwest Construction v. Amtech Elevator Services (Order)
Date: April 21, 2011
Docket Number: 091495
Uniwest Construction v. Amtech Elevator Services (order)
Date: April 21, 2011
Docket Number: 091495
Uniwest Construction v. Amtech Elevator Services (order)
Date: April 21, 2011
Docket Number: 091495
Virginia Dept. of Corrections v. Estep  
Date: April 21, 2011
Docket Number: 092501

Justia Opinion Summary: Prior to November, 2006, Grievant Tammy Estep worked for the Virginia Department of Corrections (DOC) as a Superintendent of the Central Virginia Correctional Unit. She had consistently been given good performance review...

Virginia v. Smith  
Date: April 21, 2011
Docket Number: 092561

Justia Opinion Summary: Petitioner Corey Smith was a passenger in a vehicle stopped by Richmond police officers for a broken tail light. The officers asked the driver and Petitioner for identification, and processed that information using the p...

Volpe v. City of Lexington  
Date: April 21, 2011
Docket Number: 092583

Justia Opinion Summary: In April, 2006, Charles Volpe drowned in the Maury River below a low-head dam during a visit to a park owned by the Appellant City of Lexington. His parents S. Charles and Kim Volpe (Appellees) brought suit against the C...

Virginia Marine Resources Comm'n v. Clark  
Date: April 21, 2011
Docket Number: 100034

Justia Opinion Summary: This appeal stems from an application made by the City of Virginia Beach to the Virginia Marine Resources Commission (VMRC). The City sought to install a stormwater pipeline over state-owned bottomlands. After a public h...

Dean v. Board of Cty Supervisors  
Date: April 21, 2011
Docket Number: 100048

Justia Opinion Summary: In 2008, the Board of County Supervisors filed a petition for condemnation in trial court against Appellee's Charles and Anna Dean, seeking to obtain the Deans' property to expand a bus maintenance facility and parking s...

Chalifoux v. Radiology Associates  
Date: April 21, 2011
Docket Number: 100052

Justia Opinion Summary: In December, 2002, Appellee Alyssa Chalifoux saw her family physician after experiencing headaches and other symptoms on the right side of her face. The doctor referred Appellee for an MRI with Appellant Radiology Associ...

Jennings v. Board of Supervisors  
Date: April 21, 2011
Docket Number: 100068

Justia Opinion Summary: Appellee John Jennings operates a commercial marina/boatyard. He challenged the local zoning board's authority to regulate the construction of additional mooring slips that would lie beyond the mean low-water mark of a n...

Ford Motor Co. v. Gordon  
Date: April 21, 2011
Docket Number: 100070

Justia Opinion Summary: Appellant John Gordon suffered a compensible injury by accident while working at Appellee Ford Motor Company's production plant in 2000. Based on this injury, the Workers' Compensation Commission entered a series of awar...

Farmers Insurance Exchange v. Enterprise Leasing Co.  
Date: April 21, 2011
Docket Number: 100082

Justia Opinion Summary: Bataa Baasanjav rented an automobile from Appellant Enterprise Leasing Company (Enterprise). Baasanjav declined to purchase supplemental liability insurance for the rental. The lease agreement contained an indemnificatio...

Riverside Healthcare Ass'n v. Forbes  
Date: April 21, 2011
Docket Number: 100108

Justia Opinion Summary: Appellant Sara Forbes (Trustee) created a trust to convey a parcel of real estate to the City of Newport News in which she acted as trustee. The trust provisions prohibit the trustee from selling the property except to a...

Scott v. Burwell's Bay Improvement Ass'n  
Date: April 21, 2011
Docket Number: 100149

Justia Opinion Summary: In 1925, the owner of a parcel of land adjacent to the James River obtained the right to construct a wharf and pier extending into the river and adjacent to public land, then owned by the Isle of Wight County. Over time,...

Necaise v. Virginia  
Date: April 21, 2011
Docket Number: 100157

Justia Opinion Summary: Appellee Shawn Necaise was arrested on warrants charging felonious disregard of a police officer's signal to stop, and feloniously assaulting an officer engaged in public duties. The court records show the charges were r...

Dunn, McCormack & MacPherson v. Connolly  
Date: April 21, 2011
Docket Number: 100260

Justia Opinion Summary: Dunn, McCormack & MacPherson (Dunn), a Virginia law firm, served as legal counsel to the Fairfax County Redevelopment and Housing Authority for thirty years. Dunn worked for the Authority on an at-will contract for legal...

Ruby v. Cashnet, Inc.  
Date: April 21, 2011
Docket Number: 100287

Justia Opinion Summary: From March 2005 to November 2007, Appellee Wilma Ruby entered into a total of 33 payday loan agreements with Appellant Cashnet, Inc. The amount of each loan increased over time. Appellee failed to pay her last loan. In 2...

Condominium Svcs, Inc. v. First Owners' Ass'n of Forty Six Hundred Condominium, Inc.  
Date: April 21, 2011
Docket Number: 100303

Justia Opinion Summary: On appeal, the Supreme Court reviewed whether the circuit court erred in its interpretation of a management agreement between Condominium Services, Inc. (CSI) and First Owners' Association of Forty Six Hundred Condominiu...

Gunter v. Martin  
Date: April 21, 2011
Docket Number: 100305

Justia Opinion Summary: Appellee Donald Gunter originally filed an action against Appellant Robbie Martin individually and in her capacity as administrator of the estate of George Martin in 2005. Gunter alleged that the decedent died intestate....

Government Employees Insurance Co v. United Services Automobile Ass'n  
Date: April 21, 2011
Docket Number: 100332

Justia Opinion Summary: In 1999, Thomas Laffey was injured when his car was hit by a car owned by Sharon Bass. Sharon's daughter Krystal was the car's primary user; Steven Parent was driving the car at the time of the accident. Sharon had a fam...

Lewis v. Kei  
Date: April 21, 2011
Docket Number: 100338

Justia Opinion Summary: While sitting in the driver's seat of his parked truck talking with a customer on his cell phone, Appellee Michael Lewis was approached by a ten-year-old child and asked for a ride home. Appellee did not know the child,...

Burton v. Commonwealth  
Date: April 21, 2011
Docket Number: 101282

Justia Opinion Summary: Appellee Winston Burton was convicted for abduction in violation of state law. The victim brought her car to Appellee for service. Appellee asked the victim for "help" while he examined the car; after five to ten minutes...

Byrd v. Johnson  
Date: April 21, 2011
Docket Number: 101289

Justia Opinion Summary: Petitioner Marquis Byrd was indicted for first-degree murder, aggravated malicious wounding of another, and for the use of a firearm in both offenses. At a jury trial, he was convicted of second-degree murder and the unl...

Juniper v. Warden (order)
Date: March 4, 2011
Docket Number: 062556
Gray v. Warden (order)
Date: March 4, 2011
Docket Number: 080524
AME Financial Corp. v. Kiritsis
Date: March 4, 2011
Docket Number: 091244
Reed v. Commonwealth
Date: March 4, 2011
Docket Number: 091803
Ford Motor Credit Co. v. Chesterfield County
Date: March 4, 2011
Docket Number: 092158
Johnson v. Woodard
Date: March 4, 2011
Docket Number: 092323
Lee v. City of Norfolk
Date: March 4, 2011
Docket Number: 092385
Kozmina v. Commonwealth
Date: March 4, 2011
Docket Number: 092395
Fairfax Redevelopment and Housing Authority v. Riekse
Date: March 4, 2011
Docket Number: 092486
Kaltman v. All American Pest Control
Date: March 4, 2011
Docket Number: 092541
Ellis v. Commonwealth
Date: March 4, 2011
Docket Number: 100506
Hicks v. Commonwealth
Date: March 4, 2011
Docket Number: 100727
Courtney v. Comonwealth
Date: March 4, 2011
Docket Number: 100776
Startin v. Commonwealth
Date: March 4, 2011
Docket Number: 100778
Commonwealth v. Amerson
Date: March 4, 2011
Docket Number: 100840
Saunders v. Commonwealth
Date: March 4, 2011
Docket Number: 100906
Howard v. Commonwealth
Date: March 4, 2011
Docket Number: 100912
Rowland v. Commonwealth
Date: March 4, 2011
Docket Number: 101003
Smith v. Commonwealth
Date: March 4, 2011
Docket Number: 101357
Isle of Wight County v. Nogiec
Date: January 13, 2011
Docket Number: 091693
Simms v. Ruby Tuesday, Inc.
Date: January 13, 2011
Docket Number: 091762
DiGiacinto v. Rector and Visitors of George Mason University
Date: January 13, 2011
Docket Number: 091934
O'Connor v. Tice
Date: January 13, 2011
Docket Number: 091941
CNH America v. Smith
Date: January 13, 2011
Docket Number: 091991
Royal Indemnity Co. v. Tyco Fire Products
Date: January 13, 2011
Docket Number: 091993
Carlson v. Wells
Date: January 13, 2011
Docket Number: 092076
Commonwealth v. Morris
Date: January 13, 2011
Docket Number: 092163
Vuich v. Great Eastern Resort Corp.
Date: January 13, 2011
Docket Number: 092249
Jenkins v. Mehra
Date: January 13, 2011
Docket Number: 092272
Parish v. Parish
Date: January 13, 2011
Docket Number: 092279
Harkleroad v. Linkous
Date: January 13, 2011
Docket Number: 092299
Angel v. Commonwealth
Date: January 13, 2011
Docket Number: 092341
Addison v. Jurgelsky
Date: January 13, 2011
Docket Number: 092361
Bottoms v. Commonwealth
Date: January 13, 2011
Docket Number: 092498
Hernandez v. Commonwealth
Date: January 13, 2011
Docket Number: 092524
Crawford v. Commonwealth
Date: January 13, 2011
Docket Number: 100202
Walker v. Commonwealth
Date: January 13, 2011
Docket Number: 100263
Nelson v. Commonwealth
Date: January 13, 2011
Docket Number: 100395
Roseborough v. Commonwealth
Date: January 13, 2011
Docket Number: 100507
Preston v. Commonwealth
Date: January 13, 2011
Docket Number: 100596
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