Supreme Court of Virginia Decisions 2012

Kiddell v. Labowitz  
Date: November 1, 2012
Docket Number: 111236

Justia Opinion Summary: At issue in this will contest was whether the circuit court erred in instructing the jury as to the existence of the presumption of testamentary capacity. In this case, the decedent bequeathed her dog and a cash gift for...

Gibbs v. Newport News Shipbuildng & Drydock Co.  
Date: November 1, 2012
Docket Number: 111870

Justia Opinion Summary: This appeal from an order dismissing an action for wrongful death presented the question whether the decedent, who was serving on active duty with the armed forces of the United States at the time of his injury, was cove...

Dorr v. Clark  
Date: November 1, 2012
Docket Number: 112131

Justia Opinion Summary: At issue in this appeal was whether the circuit court erred when it held that Defendant was not entitled to credit toward his Virginia sentence for the period he was detained in a Virginia jail awaiting trial. At that ti...

3232 Page Ave. Condo. Ass'n v. City of Virginia Beach  
Date: November 1, 2012
Docket Number: 112193

Justia Opinion Summary: In this appeal, the Supreme Court considered whether a condemnor may, in an eminent domain proceeding, alternatively assert ownership rights in the condemned property. The Court further considered whether the evidence in...

Transp. Ins. Co. v. Womack  
Date: November 1, 2012
Docket Number: 112283

Justia Opinion Summary: In this appeal the Supreme Court determined that the circuit court erred in extending summary judgment entered against a defendant motorist to likewise bind the underinsured motorist (UIM) insurance carrier. The Court re...

Fein v. Payandeh  
Date: November 1, 2012
Docket Number: 112320

Justia Opinion Summary: At issue in this appeal was whether the circuit court erred when it found that a county subdivision did not violate a restrictive covenant requiring compliance with the county's subdivision ordinance in effect in 1997. T...

Lynnhaven Dunes Condo. Ass'n v. City of Virginia Beach  
Date: November 1, 2012
Docket Number: 120086

Justia Opinion Summary: At issue in this appeal was (1) whether an ordinance authorizing the acquisition of an easement by condemnation also confers the authority to acquire the easement by an action to quiet title, and (2) whether the evidence...

Brown v. Commonwealth  
Date: November 1, 2012
Docket Number: 120112

Justia Opinion Summary: Appellant was convicted of three counts of robbery and three counts of use or display of a firearm in committing those felonies. The circuit court ran the firearm sentences consecutively based upon what it interpreted as...

Conley v. Commonwealth  
Date: November 1, 2012
Docket Number: 120139

Justia Opinion Summary: Appellant was convicted in the district court of a felony third offense, DUI after being twice convicted of the same offense within ten years. The circuit court subsequently granted Appellant's motion to dismiss the seco...

Baker v. Commonwealth  
Date: November 1, 2012
Docket Number: 120252

Justia Opinion Summary: Defendant was convicted of three counts of possession of a firearm by a convicted felon in violation of Va. Code Ann. 18.2-308.2(A). Defendant appealed, arguing that he should have been convicted of only one continuous p...

Shellman v. Commonwealth  
Date: November 1, 2012
Docket Number: 120261

Justia Opinion Summary: Respondent was convicted of aggravated sexual battery. Subsequently, Respondent was determined to be a sexually violent predator and ordered committed to the custody of the Department of Behavioral Health and Development...

TravCo Insurance Co. v. Ward  
Date: November 1, 2012
Docket Number: 120347

Justia Opinion Summary: Plaintiff sought coverage under his homeowners' insurance policy issued by Insurer for damages allegedly caused by sheets of drywall manufactured in China that were installed in his home during its construction. Insurer...

VanBuren v. Grubb  
Date: November 1, 2012
Docket Number: 120348

Justia Opinion Summary: Nurse was fired by Doctor, her supervisor, after she refused his sexual advances. Nurse sued Doctor and her Employer, asserting claims for gender discrimination against Employer and wrongful discharge against Doctor and...

Appalachian Power Co. v. State Corp. Comm'n  
Date: November 1, 2012
Docket Number: 120394

Justia Opinion Summary: In this appeal, Appalachian Power Company (APCO) sought rate adjustment clause recovery of $33.3 million in environmental compliance costs that the State Corporation Commission denied. The Supreme Court reversed in part,...

Judicial Inquiry & Review Comm'n v. Waymack  
Date: November 1, 2012
Docket Number: 120398

Justia Opinion Summary: The Judicial Inquiry and Review Commission filed the present complaint against Jacqueline Waymack, judge of the sixth judicial district, pursuant to the original jurisdiction of the Supreme Court. The Commission asserted...

Dunham v. Commonwealth
Date: November 1, 2012
Docket Number: 120465
Va. Elec. & Power Co. v. State Corp. Comm'n  
Date: November 1, 2012
Docket Number: 120519

Justia Opinion Summary: These consolidated appeals arose from a final determination of the State Corporation Commission in a mandated biennial review of the rates, terms, and conditions for the provision of generation, distribution and transmis...

John Crane, Inc. v. Hardick  
Date: September 14, 2012
Docket Number: 101909

Justia Opinion Summary: Plaintiffs, Decedent's wife and estate, filed suit under general maritime law against John Crane, Inc. (JCI) seeking compensatory and punitive damages, alleging that Decedent, a former seaman, was exposed to asbestos con...

Foltz v. Commonwealth  
Date: September 14, 2012
Docket Number: 110832

Justia Opinion Summary: Defendant was convicted of abduction with intent to defile and commission of a subsequent violent sexual assault and was sentenced to life imprisonment. Defendant appealed, contending that the trial court erred by denyin...

Hale v. Maersk Line Ltd.  
Date: September 14, 2012
Docket Number: 111389

Justia Opinion Summary: Seaman filed this action to recover maintenance and cure and compensatory and punitive damages from his former employer (Employer), claiming that he suffered PTSD and depression as a result of being gang-raped by uniform...

Prince William County School Bd. v. Rahim
Date: September 14, 2012
Docket Number: 111443
Dewberry & Davis, Inc. v. C3NS, Inc.  
Date: September 14, 2012
Docket Number: 111661

Justia Opinion Summary: In this case the circuit court determined that Plaintiff, the prevailing party on both its claim for compensation under the contract and Defendant's counterclaim for Plaintiff's alleged breach of the contract, was entitl...

Gallagher v. Commonwealth  
Date: September 14, 2012
Docket Number: 111720

Justia Opinion Summary: These appeals presented the same question of law and were therefore considered together. The question presented involved the interplay between the Constitution of Virginia and Va. Code 18.2-308.2, relating to jurisdictio...

McKinney v. Va. Surgical Assocs., P.C.  
Date: September 14, 2012
Docket Number: 111869

Justia Opinion Summary: Plaintiff in this case was the widow of the Decedent, and Defendant was Virginia Surgical Associates. After discovery, Plaintiff took a voluntary nonsuit of her wrongful death action. Later, Plaintiff filed in the same c...

Preferred Sys. Solutions, Inc. v. GP Consulting, LLC  
Date: September 14, 2012
Docket Number: 111906

Justia Opinion Summary: These companion appeals arose out of a dispute between a government contractor, Preferred Systems Solutions, Inc. (PSS) and one of its subcontractors, GP Consulting, LLC (GP). PSS sued GP following GP's termination of it...

Tuttle v. Webb  
Date: September 14, 2012
Docket Number: 111911

Justia Opinion Summary: Lloyd Tuttle Jr. appealed the circuit court's judgment holding that execution of a check payable to his wife, Grace Tuttle, excluded the funds from Grace's augmented estate and that therefore Lloyd's written consent or j...

Va. Polytechnic Inst. v. Prosper Fin., Inc.  
Date: September 14, 2012
Docket Number: 111912

Justia Opinion Summary: Virginia Polytechnic Institute and State University (VPI) and Prosper Financial (Prosper) entered into a research contract. The contract provided two addresses in Florida for Prosper. VPI subsequently filed a complaint i...

Johnson v. Anis  
Date: September 14, 2012
Docket Number: 111937

Justia Opinion Summary: Defendant entered an Alford plea of guilty to an indictment charging him with grand larceny. Before the sentencing order became final, Defendant filed a motion to withdraw his guilty plea. The court ultimately denied the...

Manchester Oaks Homeowners Ass'n v. Batt  
Date: September 14, 2012
Docket Number: 111949

Justia Opinion Summary: Plaintiffs, owners of garaged lots in a subdivision, filed a complaint against the homeowners' association (HOA) alleging that the unequal treatment resulting from the HOA's assignment of parking spaces only to ungaraged...

Inova Health Care Servs. v. Kebaish  
Date: September 14, 2012
Docket Number: 112070

Justia Opinion Summary: At issue in this appeal was whether the circuit court erred in allowing Plaintiff to take a nonsuit as a matter of right pursuant to Va. Code Ann. 8.01-380(B) based on its determination that Plaintiff's prior voluntary d...

Omega Protein, Inc. v. Forrest  
Date: September 14, 2012
Docket Number: 112096

Justia Opinion Summary: In this personal injury action, Plaintiff sued Employer under the Jones Act for an injury to his back sustained in the course of his employment with Employer as a crew member aboard a commercial fishing vessel. Plaintiff...

Byler v. Va. Elec. & Power Co.  
Date: September 14, 2012
Docket Number: 112112

Justia Opinion Summary: In these appeals the Supreme Court considered whether the Virginia Constitution provides for a cause of action by a landowner for inverse condemnation when the allegation of the complaint is that the landowner's property...

Kurpiel v. Hicks  
Date: September 14, 2012
Docket Number: 112192

Justia Opinion Summary: Plaintiffs filed a complaint against Defendants, alleging common law trespass. Plaintiffs argued that by not developing their land in a reasonable manner, Defendants directed and caused storm water to flow upon Plaintiff...

McKinney v. Virginia Surgical Associates
Date: September 14, 2012
Docket Number: Combined case with Record No. 111720 </a><br></p> <p><a name="1111869_20120914"></a><a href="opinions/opnscvwp/1111869.pdf"> 111
Kurpiel v. Hicks
Date: September 14, 2012
Docket Number: Combined case with Record No. 112112 </a><br></p> <p><a name="1112192_20120914"></a><a href="opinions/opnscvwp/1112192.pdf"> 112
Booker v. Dir., Dep't of Corrections (ORDER)
Date: June 8, 2012
Docket Number: 111363
Livingston v. Va. Dep't of Transp.  
Date: June 7, 2012
Docket Number: 101006

Justia Opinion Summary: Geoff Livingston and 134 other homeonwers or renters (collectively Plaintiffs) in a Fairfax County subdivision brought an inverse condemnation suit against the County and the Virginia Department of Transportation (VDOT)...

Steward v. Holland Family Props., LLC  
Date: June 7, 2012
Docket Number: 110113

Justia Opinion Summary: Rosa Steward leased a home from Holland Family Properties. Rosa's son Dontral suffered lead poisoning as a result of his exposure to high levels of lead paint, which caused severe physical and mental impairments. Dontral...

21st Century Sys. v. Perot Sys. Gov't Servs., Inc.  
Date: June 7, 2012
Docket Number: 110114

Justia Opinion Summary: Perot Systems Government Services filed an amended complaint against Defendants, 21st Century Systems, Inc, and several individuals, alleging that Defendants, all of whom were former Perot employees, conspired for the pu...

Belew v. Commonwealth  
Date: June 7, 2012
Docket Number: 110532

Justia Opinion Summary: Defendant was convicted in the circuit court of felony failure to stop at the scene of an accident. Defendant commenced her appeal by filing a timely notice of appeal, but the court reporter failed to file transcripts of...

Cline v. Dunlora South, LLC  
Date: June 7, 2012
Docket Number: 110650

Justia Opinion Summary: Matthew Cline filed a complaint against Dunlora South, a private landowner on whose property the tree grew, for injuries he sustained when a tree fell on his vehicle as he was driving on a public highway. Cline alleged n...

City of Richmond v. Jackson Ward Partners, L.P.  
Date: June 7, 2012
Docket Number: 110820

Justia Opinion Summary: Jackson Ward Partners (JWP) owned real property in the City of Richmond. JWP filed an amended complaint in the circuit court for correction of erroneous tax assessments on the property for the tax years 2005-2008, claimi...

Funkhouser v. Ford Motor Co.  
Date: June 7, 2012
Docket Number: 111207

Justia Opinion Summary: Steven Funkhouser, administrator of the estate of Emily Funkhouser, brought this products liability action against Ford Motor Company and Obaugh Ford, Inc. (collectively "Ford") after his daughter, Emily, died from sever...

Napper v. ABM Janitorial Servs.  
Date: June 7, 2012
Docket Number: 111300

Justia Opinion Summary: Kesha Napper, one of Kastle Systems' employees, slipped during work hours in the lobby of the building owned by Kastle. Napper filed suit alleging negligence against the janitorial services companies who cleaned the buil...

Mansfield v. Bernabei  
Date: June 7, 2012
Docket Number: 111314

Justia Opinion Summary: After his employment was terminated at Horizon House, Michael Ford filed a complaint against the three corporate employers vested with the authority to fire him, including the Horizon House homeowners association. James...

Murayama 1997 Trust v. NISC Holdings, LLC  
Date: June 7, 2012
Docket Number: 111377

Justia Opinion Summary: The Jared and Donna Murayama 1997 Trust sought damages arising from a settlement agreement between the Trust, its trustee Jared Murayama, and two of the defendants, NISC Holdings, LLC and Omen LLC, which transaction incl...

Brandon v. Cox  
Date: June 7, 2012
Docket Number: 111396

Justia Opinion Summary: Plaintiff in this case was a Section Eight tenant in a property owned by Defendants. For reasons beyond her control, Plaintiff prematurely terminated her lease. Defendants retained Plaintiff's security deposit, and Plain...

Barson v. Commonwealth  
Date: June 7, 2012
Docket Number: 111406

Justia Opinion Summary: On his wife's complaint, Defendant was arrested and tried on a misdemeanor warrant for sending emails to his wife accusing his wife of engaging in sexual acts with other men and soliciting sex on Craigslist. Defendant wa...

Ilg v. United Parcel Serv.  
Date: June 7, 2012
Docket Number: 111439

Justia Opinion Summary: Employee suffered an injury during the course of his employment. Employer agreed to voluntarily pay workers' compensation benefits, and the Workers Compensation Commission issued an award order approving the agreements b...

Nolte v. MT Tech. Enters., LLC  
Date: June 7, 2012
Docket Number: 111490

Justia Opinion Summary: MT Technology Enterprises, LLC filed an amended complaint against Cristol, LLC, several members of Cristol's board of managers, and an employee of Cristol, Cristol's attorney, and the attorney's firm, alleging, inter ali...

Rives v. Commonwealth  
Date: June 7, 2012
Docket Number: 111492

Justia Opinion Summary: John Rives was arrested for using profane, threatening, or indecent language over public airways, a misdemeanor. Convicted in the general district court, Rives appealed to the circuit court where he was again convicted....

Piney Meeting House Invs., Inc. v. Hart  
Date: June 7, 2012
Docket Number: 111548

Justia Opinion Summary: Fred and Mary Ann Hart filed a complaint against Piney Meeting House Investments (PMH), alleging that PMH placed various obstructions in the Harts' easement area on PMH's property that interfered with the Harts' full use...

Turner v. Commonwealth  
Date: June 7, 2012
Docket Number: 111563

Justia Opinion Summary: Defendant was indicted for aggravated malicious wounding and use of a firearm during an aggravated malicious wounding. During trial, the Commonwealth moved that the court declare a witness who claimed memory loss unavail...

Rushing v. Commonwealth  
Date: June 7, 2012
Docket Number: 111569

Justia Opinion Summary: After a jury trial, Defendant was convicted of, inter alia, use of a firearm while committing burglary and participation in a criminal street gang. A divided panel of the court of appeals affirmed the convictions, conclu...

Town of Leesburg v. Long Lane Assocs.  
Date: June 7, 2012
Docket Number: 111658

Justia Opinion Summary: In this case, Long Lane Associates Limited Partnership challenged ordinances adopted by the town council of the Town of Lessburg concerning property owned by an adjoining landowner. The challenged ordinances rezoned prop...

Giordano v. McBar Indus., Inc.  
Date: June 7, 2012
Docket Number: 111771

Justia Opinion Summary: Scott and Martha Giordano were married and later separated. Scott was subsequently killed while working as an insulator in a building. Martha filed a claim for benefits with the Workers' Compensation Commission. The depu...

Hill v. Fairfax County Sch. Bd.  
Date: June 7, 2012
Docket Number: 111805

Justia Opinion Summary: At issue in his case was whether the circuit court correctly determined that certain exchanges of e-mails between members of a local school board did not constitute a "meeting" within the meaning of Va. Code 2.2-3701 and...

Gleason v. Commonwealth  
Date: June 7, 2012
Docket Number: 111956

Justia Opinion Summary: Defendant Robert Charles Gleason, Jr. received two death sentences following pleas of guilty to capital murder in the killings of two fellow inmates, Harvey Grey Watson and Aaron Cooper. Although Defendant was found comp...

Thorpe v. Ted Bowling Constr.  
Date: May 4, 2012
Docket Number: 110349

Justia Opinion Summary: Matthew Thorpe was the owner of a self-storage facility and operated a side business that installed residential porch railings. While installing metal sheets on the roof of a customer's building, Thorpe fell through a sk...

AES Corp. v. Steadfast Ins. Co.  
Date: April 20, 2012
Docket Number: 100764

Justia Opinion Summary: The AES Corporation paid premiums to Steadfast Insurance Company for commercial general liability (CGL) policies. In February 2008, the village and city of Kivalina, a community located on an Alaskan barrier island, file...

Russell Realty Assocs. v. Russell  
Date: April 20, 2012
Docket Number: 110380

Justia Opinion Summary: Nina and her brother Eddie Russell were co-trustees of several family trusts. The trust estate consisted of the interests held by Nina and Eddie as co-trustees in Russell Realty Associates (RRA), which was created by the...

Arnold v. Wallace  
Date: April 20, 2012
Docket Number: 110394

Justia Opinion Summary: Mary Arnold, who was injured in an automobile collision, brought a negligence action against the other driver, Jonathan Wallace, who was uninsured. Travelers Insurance Company, Arnold's carrier, defended the suit pursuan...

Prof'l Bldg. Maint. Corp. v. School Bd.  
Date: April 20, 2012
Docket Number: 110410

Justia Opinion Summary: Professional Building Maintenance Corporation (PBM), which provides janitorial and industrial cleaning services, filed an amended complaint against the School Board of the County of Spotsylvania asserting causes of actio...

Keith v. Lulofs  
Date: April 20, 2012
Docket Number: 110433

Justia Opinion Summary: When Arvid and Lucy Keith were married, Arvid had a son from a previous marriage, Walter Keith (Keith), and Lucy had a daughter, Veronica Lulofs (Lulofs). Arvid and Lucy executed wills in 1987 that were mirror images of...

Laws v. McIlroy  
Date: April 20, 2012
Docket Number: 110485

Justia Opinion Summary: On May 21, 2008, Lisa Laws and Carmen Tinker (Plaintiffs) each filed a complaint against Calvin McIlroy, Jr. (McIlroy) and Calvin McIlroy, Sr. for damages arising out of a motor vehicle accident that occurred on June 8,...

PBM Nutritionals, LLC v. Lexington Ins. Co.  
Date: April 20, 2012
Docket Number: 110669

Justia Opinion Summary: PBM Nutritionals filed a declaratory judgment action against three insurance companies (collectively the Insurers) seeking insurance coverage for its loss resulting from infiltration of filter elements into the infant fo...

Cattano v. Bragg  
Date: April 20, 2012
Docket Number: 110692

Justia Opinion Summary: This case arose out of a dispute between two attorneys, John Cattano and Carolina Bragg, the only shareholders of Cattano Law Firm. Bragg filed an amended complaint including claims for a writ of mandamus for the copying...

Seabolt v. County of Albemarle  
Date: April 20, 2012
Docket Number: 110733

Justia Opinion Summary: Violet Seabolt filed a complaint against Albermarle County alleging that she was injured as a result of the County's gross negligence in maintaining a public park. The County filed a demurrer to gross negligence and a sp...

Burns v. Gagnon  
Date: April 20, 2012
Docket Number: 110754

Justia Opinion Summary: These companion appeals arose out of a personal-injury suit brought by a former high school student who was injured in a fight with another student on school grounds. On the morning of the fight, an assistant principal r...

Orthopedic & Sports Physical Therapy Assocs. v. Summit Group Props., LLC  
Date: April 20, 2012
Docket Number: 110849

Justia Opinion Summary: Summit Group Properties, LLC (Summit) sued Orthopedic & Sports Physical Therapy Associates (OSPTA) and its partners for breach of lease and damages. OSPTA filed a counterclaim in which it alleged fraud in the inducement...

Mathews v. PHH Mortgage Corp.  
Date: April 20, 2012
Docket Number: 110967

Justia Opinion Summary: The Mathewses conveyed a parcel of land by deed of trust to a credit union to secure a promissory note. PHH Mortgage Corporation subsequently became the holder of the note and the beneficiary of the deed of trust. After...

Envtl. Staffing Corp. v. B & R Constr. Mgmt.  
Date: April 20, 2012
Docket Number: 111067

Justia Opinion Summary: A developer contracted with B&R Construction Management (B&R) for the demolition a redevelopment and housing authority facility (hereafter referred to as the Contract). B&R subcontracted some of the demolition work to Be...

Deerfield v. City of Hampton  
Date: April 20, 2012
Docket Number: 111144

Justia Opinion Summary: Appellants in this case were several individuals comprising the Committee of Petitioners of the Buckroe Beach Bayfront Park Petition (the Committee). The Committee filed a complaint against POH 2010 LLC (POH) and the Cit...

Wyatt v. McDermott  
Date: April 20, 2012
Docket Number: 111497

Justia Opinion Summary: The U.S. district court certified questions of law to the Supreme Court concerning Virginia law. The questions arose out of a suit filed by John Wyatt, who sought monetary damages for the unauthorized adoption of his bab...

Porter v. Warden  
Date: March 2, 2012
Docket Number: 091615

Justia Opinion Summary: Thomas Porter was convicted in the circuit court of the capital murder of a law enforcement officer, use of a firearm in the commission of a felony, and grand larceny. The trial court sentenced Porter to death plus twent...

John Crane, Inc. v. Hardick  
Date: March 2, 2012
Docket Number: 101909

Justia Opinion Summary: Robert Hardick, a Navy sailor, filed suit under general maritime law against John Crane, Inc. (JCI) seeking compensatory and punitive damages, alleging that he was exposed to asbestos contained in products manufactured b...

Christy v. Mercury Cas. Co.  
Date: March 2, 2012
Docket Number: 102138

Justia Opinion Summary: During the course of his employment as a police officer for the Town of Abingdon, Kevin Christy suffered injuries from an automobile accident. Christy was insured under an automobile liability insurance policy issued by...

Bowman v. Concepcion  
Date: March 2, 2012
Docket Number: 102144

Justia Opinion Summary: On February 5, 2009, Plaintiff filed a complaint against Defendant doctor, alleging that he committed medical malpractice during his treatment of her. On February 5, 2010, Plaintiff filed a motion asking the circuit cour...

Wakole v. Barber  
Date: March 2, 2012
Docket Number: 102176

Justia Opinion Summary: Namina Barber was a passenger in an automobile that was hit by a vehicle driven by Billy Wakole. As a result of her injuries Barber brought an action against Wakole, who admitted liability for the accident but disputed t...

Specialty Hosps. v. Rappahannock Goodwill Indus.  
Date: March 2, 2012
Docket Number: 102196

Justia Opinion Summary: Rappahannock Goodwill Industries (RGI) enterd into an agreement with Specialty Hospitals of Washington. When Specialty Hospitals failed to perform under the agreement, RGI filed a complaint against Specialty Hospitals, a...

Bing v. Haywood  
Date: March 2, 2012
Docket Number: 102270

Justia Opinion Summary: After Jennifer Bing was arrested on suspicion of drug possession and distribution, a lieutenant conducted a full cavity search on Bing. Almost two years later, Bing filed a complaint against several law enforcement offic...

St. Joe Co. v. Norfolk Redev. and Hous. Auth.  
Date: March 2, 2012
Docket Number: 102342

Justia Opinion Summary: Norfolk Redevelopment and Housing Authority (NRHA) filed a complaint against the St. Joe Company and Advantis Real Estate Services Company alleging unjust enrichment and seeking imposition of a constructive trust and rec...

Cuccinelli v. Rector & Visitors of Univ. of Va.  
Date: March 2, 2012
Docket Number: 102359

Justia Opinion Summary: This case arose from two civil investigative demands (CIDs) issued to the University of Virginia and the Rector and Visitors of the University of Virginia (collectively, UVA) by the attorney general, pursuant to the Virg...

Commonwealth v. Blaxton  
Date: March 2, 2012
Docket Number: 102360

Justia Opinion Summary: James Blaxton was convicted in 1989 of rape, forcible sodomy and attempted sodomy. In 2008, the Commonwealth filed a petition seeking Blaxton's civil commitment as a sexually violent predator. The trial court found that...

City of Richmond v. SunTrust Bank  
Date: March 2, 2012
Docket Number: 102409

Justia Opinion Summary: SunTrust Bank and Richmond Redevelopment and Housing Authority (RRHA) owned two properties in the City of Richmond as tenants in common. The RRHA was exempt from taxation but SunTrust was not. In 2009, the City determine...

Galumbeck v. Lopez  
Date: March 2, 2012
Docket Number: 102416

Justia Opinion Summary: Maritess Lopez died from aspiration pneumonia secondary to a surgery performed by Dr. Matthew Galumbeck. Plaintiff, Lopez's husband, brought a wrongful-death action against Galumbeck, another doctor, and Plastic Surgery...

Gerald T. Dixon, Jr., L.L.C. v. Hassell & Folkes  
Date: March 2, 2012
Docket Number: 110187

Justia Opinion Summary: Gerald T. Dixon, Jr., LLC retained Hassell & Folkes to survey and mark the boundary lines of a parcel Dixon owned. After completion of the survey, Dixon conveyed the parcel to Brat Development, which began construction o...

Askew v. Collins  
Date: March 2, 2012
Docket Number: 110323

Justia Opinion Summary: Brenda Collins filed a motion for judgment against Verbena Askew, a former circuit court judge, among others, alleging defamation, conspiracy and breach of contract. Collins settled with the other defendants, and the cas...

Va. Commonwealth Univ. v. Su  
Date: March 2, 2012
Docket Number: 110348

Justia Opinion Summary: Su, a citizen of the People's Republic of China, was accepted by the Virginia Commonwealth University (VCU) after attending high school in Minnesota. At the time Su matriculated at VCU, he was classified as an out-of-sta...

E.C. v. Va. Dep't of Juvenile Justice  
Date: March 2, 2012
Docket Number: 110523

Justia Opinion Summary: When he was fifteen years old, E.C. pled guilty to breaking and entering and rape. After E.C. was released from custody and placed under parole supervision, a team of attorneys filed a petition for a writ of habeas corpu...

LaCava v. Commonwealth  
Date: March 2, 2012
Docket Number: 110711

Justia Opinion Summary: Patricia LaCava was convicted in the circuit court of two counts of embezzlement. LaCava commenced her appeal pro se. LaCava filed a timely notice of appeal and asked the court reporter to order transcripts of the trial...

Enriquez v. Commonwealth  
Date: March 2, 2012
Docket Number: 110818

Justia Opinion Summary: Defendant Jean Enriquez was found in a drunken condition in a parked motor vehicle with the keys in the ignition switch. Defendant was subsequently convicted of driving or operating a motor vehicle while under the influe...

Burrell v. Commonwealth  
Date: March 2, 2012
Docket Number: 111297

Justia Opinion Summary: Defendant pled guilty to attempted rape, a felony. Defendant's sentencing order contained a provision stating that the sentencing court would reduce the conviction from a felony to a misdemeanor following Defendant's inc...

First Am. Title Ins. Co. v. W. Surety Co.  
Date: March 2, 2012
Docket Number: 111394

Justia Opinion Summary: First American Title Insurance Company (FATIC) provided title insurance for a mortgage refinancing to SunTrust Mortgage through FATIC's title agent, First Alliance. First Alliance subsequently obtained a $100,000 surety...

Casey v. Merck & Co., Inc.  
Date: March 2, 2012
Docket Number: 111438

Justia Opinion Summary: A putative class action was filed in the U.S. District Court. The representative plaintiffs in the class action asserted claims of strict liability, negligence and medical monitoring against Merck & Co., Inc. Class certi...

Campbell County v. Royal  
Date: January 13, 2012
Docket Number: 101168

Justia Opinion Summary: In this action, the trial court granted summary judgment against a locality, holding it liable to landowners under the State Water Control Law, Va. Code Ann. 62.1-44.2 through -44.34:28, in particular Code 62.1-44.34:18(...

Jean Moreau & Assocs., Inc. v. Health Ctr. Comm'n  
Date: January 13, 2012
Docket Number: 101352

Justia Opinion Summary: Jean Moreau & Associates brought this suit against the Health Center Commission for the County of Chesterfield (HCC), a municipal corporation, seeking a declaratory judgment and alleging claims for breach of contract and...

Moore v. Va. Int'l Terminals  
Date: January 13, 2012
Docket Number: 101408

Justia Opinion Summary: Hugh Britt, an employee of CP&O, LLC, was fatally injured while loading and unloading cargo at the Norfolk International Terminals (NIT) when a straddle carrier that Orion Parker, a stevedore employed by VIT, was operati...

Collelo v. Geographic Services, Inc.  
Date: January 13, 2012
Docket Number: 101411

Justia Opinion Summary: Geographic Services, Inc. (GSI) hired Anthony Collelo for work that exposed Collelo to confidential information and alleged trade secrets. GSI and Collelo executed an employment agreement that included a non-disclosure p...

Blue Ridge Envtl. Defense League v. Commonwealth  
Date: January 13, 2012
Docket Number: 101476

Justia Opinion Summary: At issue in this case was whether the court of appeals erred in (1) reversing a circuit court's judgment and applying the arbitrary and capricious standard of review to the State Water Control Board's decision to reissue...

Dykes v. Friends of the C.C.C. Road  
Date: January 13, 2012
Docket Number: 101630

Justia Opinion Summary: An unincorporated association purporting to represent the general public filed a complaint for injunctive relief against several property owners, alleging that the property owners blocked access to a public road by the g...

Eberhardt v. Fairfax County Employees' Ret. Sys. Bd. of Trs.  
Date: January 13, 2012
Docket Number: 101761

Justia Opinion Summary: Linda Eberhardt, an employee of the Fairfax County School Board and a member of the Fairfax County Employees' Retirement Systems (FCERS), was injured during the course of her employment. Eberhardt applied for service-con...

Sinclair v. New Cingular Wireless PCS, LLC  
Date: January 13, 2012
Docket Number: 101831

Justia Opinion Summary: Albemarle County enacted a zoning ordinance governing construction on slopes within the county. Under the waiver provision of the county code, the planning commission was authorized to grant a waiver from the restriction...

N. Va. Real Estate v. Martin  
Date: January 13, 2012
Docket Number: 101836

Justia Opinion Summary: Plaintiffs, Northern Virginia Real Estate and its principal broker, Lauren Kivlighan, filed an eight-count second amended complaint against McEnearney Associates, its real estate agent Karen Martins, and David and Donna...

Weedon v. Weedon  
Date: January 13, 2012
Docket Number: 101901

Justia Opinion Summary: After the decedent's death, the decedent's daughter probated her 2008 will and qualified as executor for the will. The decedent's remaining children sued the daughter to challenge the will. The trial court ruled that the...

Redifer v. Chester  
Date: January 13, 2012
Docket Number: 101902

Justia Opinion Summary: Employee was injured while working for Employer's sheep and wool business, Cestari. Employer failed to maintain workers' compensation insurance for Cestari. Employee filed a workers' compensation claim against Employer a...

Maretta v. Hillman  
Date: January 13, 2012
Docket Number: 102042

Justia Opinion Summary: Judy Maretta, as the named beneficiary of a Federal Employees' Group Life Insurance (FEGLI) policy, received FEGLI benefits upon the death of her ex-husband. Jacqueline Hillman, the widow of the deceased, filed an action...

Collins v. Commonwealth  
Date: January 13, 2012
Docket Number: 110067

Justia Opinion Summary: At issue in this appeal was whether a bail bondsman licensed in another state but not in Virginia had the authority to enter Virginia and apprehend a fugitive bailee. In a bench trial, Defendant, an out-of-state bail bon...

DeMille v. Commonwealth  
Date: January 13, 2012
Docket Number: 110100

Justia Opinion Summary: Pursuant to a guilty plea, Steven DeMille was convicted of rape. Before DeMille's release from incarceration, the attorney general filed a petition seeking the civil commitment of DeMille as a sexually violent predator....

Branham v. Commonwealth  
Date: January 13, 2012
Docket Number: 110263

Justia Opinion Summary: At a bench trial, the circuit court found Curtis Branham guilty of possession of cocaine with intent to distribute. The court of appeals affirmed. Branham appealed, arguing that the circuit court erred in denying his mot...

Stevens v. Commonwealth  
Date: January 13, 2012
Docket Number: 110402

Justia Opinion Summary: Defendant Roger Stevens was found guilty of, among other crimes, two counts of murder, two counts of use of a firearm in the commission of murder, conspiracy to commit robbery, and malicious bodily injury. The court of a...

Lahey v. Johnson  
Date: January 13, 2012
Docket Number: 110552

Justia Opinion Summary: Mark Lahey was convicted of two counts of attempted first degree murder. The court of appeals and Supreme Court refused Lahey's petitions for appeal. Lahey subsequently filed a petition for a writ of habeas corpus. Lahey...

Haas v. Commonwealth  
Date: January 13, 2012
Docket Number: 110599

Justia Opinion Summary: In 1994, Michael Haas was convicted at a bench trial in the circuit court of sodomy committed upon his two sons in 1992 and 1993, when they were eleven and nine years of age, respectively. After Haas' petition for writ o...

Prieto v. Commonwealth  
Date: January 13, 2012
Docket Number: 110632

Justia Opinion Summary: The Supreme Court upheld two capital murder convictions against Alfredo Rolando Prieto as well as convictions for rape, grand larceny, and two counts of felonious use of a firearm. The Court remanded for resentencing bas...

Commonwealth v. Quarles  
Date: January 13, 2012
Docket Number: 110775

Justia Opinion Summary: Following a bench trial, the circuit court found Jerrod Quarles guilty of robbery and conspiracy to commit robbery. The court of appeals reversed, holding that the circuit court erred in denying Quarles' motion to suppre...

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