1995)

Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, Keenan, JJ., and Whiting, Senior Justice VIRGINIA DEPARTMENT OF TAXATION OPINION BY v. R...

2. 941863 Travelers Insurance Company v. LaClair 11/03/1995 Since an intentional shooting by a person who had been occupying an uninsured vehicle does not constitute use of the vehicle for purposes of un (11/03/1995)

3. 942034 Franconia Associates v. Clark 11/03/1995 The trial court correctly held that the plaintiff did not exceed the scope of his status as an invitee in a shopping mall when he pursued a fleeing robb (11/03/1995)

4. 942077 Galloway Corp. v. S.B. Ballard Construction Co. 11/03/1995 In a contract dispute between a general contractor and several of its subcontractors on a construction project following the project o (11/03/1995)

5. 942142 Board of Supervisors v. Reed's Landing Corp. 11/03/1995 The trial court properly held that the board of supervisors of a county violated Code A (11/03/1995)

6. 942157 Moore v. Warren 11/03/1995 Under the doctrine of charitable immunity, a volunteer of a charity is immune from liability to the charity's beneficiaries for negligence while the volunteer was eng (11/03/1995)

7. 942184 United States Fire Ins. Co. v. Parker 11/03/1995 The trial court erred in holding that an insurer must provide underinsured motorist coverage for a gardener who was injured by a motorist while (11/03/1995)

8. 942210 International Fidelity Ins. Co. v. Ashland Lumber 11/03/1995 The chancellor erred in holding that a judgment creditor may obtain a lien by writ of fieri facias on, and thus reach by garnishment (11/03/1995)

Present: All the Justices INTERNATIONAL FIDELITY INSURANCE COMPANY v. OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. November 3, 1995 ASHLAND LUMBER COMPANY, INC. FROM THE CIRCUIT COURT OF HANOVER COUNTY ...

9. 942231 Lee's Hill Homeowners v. Carter 11/03/1995 Since a developer and community association reserved the right to exchange and thereafter convey parts of the common area in the orderly subdivision a (11/03/1995)

10. 950001 Bridgestone/Firestone v. Prince William Square Ass 11/03/1995 The trial court erred in failing to rule as a matter of law that, under the facts of this case, a limitation in the warranty preclu (11/03/1995)

11. 950005 Carr v. The Home Insurance Company 11/03/1995 Since the only cognizable claim available to the plaintiff insurer was one in subrogation as provided in Code A (11/03/1995)

12. 950013 City of Winchester v. American Woodmark Corp. 11/03/1995 A manufacturer's furniture, fixtures, office equipment, and computer equipment are intangible personal property constituting capital use (11/03/1995)

13. 950044 Parrish v. Jessee 11/03/1995 A guardian's challenge, in a court of equal dignity, to the prior judgment of a court of competent jurisdiction on the ground that the first court had erred in appl (11/03/1995)

14. 950052 Balzer and Associates Inc. v. The Lakes on 360 Inc 11/03/1995 The chancellor erred in granting a motion to strike in a suit by a judgment creditor to void a transfer of real property by the jud (11/03/1995)

15. 950065 Bogle Development Co. v. Buie 11/03/1995 Since the Court of Appeals erred in determining that the Workers' Compensation Commission had jurisdiction to consider whether Blue Cross/Blue Shield wa (11/03/1995)

16. 950105 Godbolt v. Brawley 11/03/1995 Under the circumstances of this case the evidence of the plaintiff's assault conviction is inadmissible in this civil action for assault arising out of the same in (11/03/1995)

17. 950120 S.F. an Infant (Jane Doe) v. West American Ins. Co 11/03/1995 In an action to determine the amount of insurance available under the terms of an insurance contract to satisfy any judgments that (11/03/1995)

18. 950131 Orchard Management Co. v. Soto 11/03/1995 The record does not disprove personal jurisdiction of the Puerto Rico courts over the Virginia-based defendants in this case, and the trial court judgm (11/03/1995)

19. 950178 Gilbreath v. Brewster 11/03/1995 Dismissal under Rule 3:3 for lack of timely service is with prejudice, and the trial court erred in dismissing the plaintiffs' actions without prejudice. The tr (11/03/1995)

20. 950195 General Insurance of Roanoke v. Page 11/03/1995 An insured's failure to read his insurance policy, or to have it read to him, constituted negligence as a matter of law that bars a recovery agai (11/03/1995)

21. 950210 Norfolk and Western Rwy. Co. v. Puryear 11/03/1995 The trial court erred in admitting into evidence a litigant's written summary of those parts of the testimony favorable to his case and, accor (11/03/1995)

22. 950217 Ramey v. Bobbitt 11/03/1995 This case falls within the general rule that an employee going to or from his place of employment is not performing a service arising out of and incidental to the em (11/03/1995)

23. 950223 Wise County Board of Sup. v. Wilson 11/03/1995 The trial court erred in dismissing a motion for declaratory judgment filed by a county board of supervisors which asked the court to declare that (11/03/1995)

24. 950235 CSX Transportation Inc. v. Casale 11/03/1995 Because of erroneous admission of testimony prejudicial to the defendant, the judgment of the trial court in a FELA case is reversed and the case re (11/03/1995)

25. 950256 Lake Monticello Owners' Assoc. v. Lake 11/03/1995 The trial court correctly found the board of directors of a nonstock corporation subject to the Property Owners' Association Act improperly exc (11/03/1995)

26. 950270 American Assoc. of Retired Persons v. Bell Atlanti 11/03/1995 The evidence of record before the State Corporation Commission supported each of the findings required under Code A (11/03/1995)

27. 950305 Lee Gardens v. Arlington County Board 11/03/1995 In a taxpayer's challenge to a tax assessment for a large apartment complex, the trial court did not err in denying the taxpayer's request for d (11/03/1995)

28. 950673 Fry v. Commonwealth 11/03/1995 The defendant's sentence of death in this capital murder case is neither excessive nor disproportionate to penalties generally imposed by sentencing bodies in the (11/03/1995)

29. 950760 Sheppard v. Commonwealth 11/03/1995 In this appeal in a capital murder case, it is determined that the trial court committed no error and an independent review of the entire record reveals that (11/03/1995)

30. 950948 Graham v. Commonwealth 11/03/1995 The trial court did not err in its instructions to the jury and its judgment in this capital murder case is affirmed. The evidence in this case satisfies the r (11/03/1995)

31. 940326 Harper v. Virginia Dept. of Taxation 09/15/1995 Since the trial court erred in denying refunds for taxes erroneously collected for pension income received by federal retirees, that judgment is (09/15/1995)

Present: Carrico, C.J., Hassell, and Keenan, JJ. HENRY HARPER, ET AL. v. Record No. 940326 Compton, Stephenson, Whiting 2 , Lacy, VIRGINIA DEPARTMENT OF TAXATION OPINION BY CHIEF JUSTICE HARRY L....

32. 941300 Crestar Bank v. Williams 09/15/1995 The trial court's decree granting priority to certain investors' claims over those of certain of a defaulting debtor's judgment creditors with reference to s (09/15/1995)

33. 941410 Harris v. DiMattina 09/15/1995 In two appeals of medical malpractice actions the question is whether the trial courts erred in sustaining pleas of the statute of limitations. Judgments in favor (09/15/1995)

34. 941561 Sackadorf v. JLM Group Ltd. Partnership 09/15/1995 The trial court correctly held in a case involving the priorities of several deeds of trust that a transaction structured as an assignment of (09/15/1995)

35. 941600 Payne v. Carroll 09/15/1995 For the purposes of impeachment in a civil case, the fact of a prior conviction of a felony may be shown against a party-witness, but the name of the felony, other t (09/15/1995)

36. 941615 Wainger v. Glasser & Glasser 09/15/1995 The trial court properly held, in litigation between a law firm and one if its former partners, that certain contingent legal fees had not been "fully ea (09/15/1995)

37. 941657 Kirwan & Co. v. Pelletier-Baker 09/15/1995 In a collection action, the trial court erred in according res judicata or collateral estoppel effect to the judgment in a prior action brought and tr (09/15/1995)

38. 941686 Va. Builders' Supply v. Brooks & Co. 09/15/1995 In this creditors' rights controversy, the trial court erred in holding that a garnishee, after being served with the summons in garnishment, may (09/15/1995)

39. 941711 Barrett v. Commonwealth 09/15/1995 Since odd but not evidently illegal conduct did not indicate that either the operator of a moving vehicle or its occupants were in need of police assistance, (09/15/1995)

Present: Carrico, C.J., Compton, Stephenson, Whiting,1 Lacy, Hassell, and Keenan, JJ. JETER RAY BARRETT v. Record No. 941711 OPINION BY JUSTICE HENRY H. WHITING ...

40. 941716 Midkiff v. Commonwealth 09/15/1995 There was no reversible error in the Court of Appeals judgment upholding the defendant's criminal convictions because he did not clearly invoke his constituti (09/15/1995)

41. 941719 Levine v. Selective Insurance Co. 09/15/1995 The trial court erred in granting an insurer's motion for summary judgment because the facts, if proven at trial, would create a jury issue whether (09/15/1995)

42. 941856 Bogese Inc. v. State Highway Comm'r 09/15/1995 In an eminent domain case the trial court correctly held that, because two tracts of land were owned by different entities at the time of condemna (09/15/1995)

43. 941858 Cotchan v. State Farm Fire & Casualty Co. 09/15/1995 Since nothing in Code A (09/15/1995)

44. 941911 Bowman v. Wintergreen Property Owners Assoc. 09/15/1995 The trial court correctly held that certain restrictive covenants in a residential subdivision were violated by a homeowner who made chan (09/15/1995)

45. 941926 Capital Commercial Properties v. Vina Enterprises 09/15/1995 A lease between the parties is unambiguous and the terms for an option to extend did not require the landlord to notify the tenant o (09/15/1995)

46. 941963 River Place North Housing Corp. v. American Landma 09/15/1995 The trial court correctly ruled that a cooperative housing association was not permitted to obtain a personal money judgment agains (09/15/1995)

47. 941971 Davis v. Henning 09/15/1995 The trial court correctly held that there was no express easement for the benefit of a particular parcel of land, but it incorrectly concluded that no implied easeme (09/15/1995)

48. 942033 Wood v. Bass Pro Shops 09/15/1995 The trial court erred in a product liability action in allowing the jury to consider an assumption of the risk defense to a claim for breach of an implied warr (09/15/1995)

Present: Carrico, C.J., Compton, Stephenson, Whiting,1 Lacy, Hassell, and Keenan, JJ. DARRELL WOOD v. Record No. 942033 OPINION BY JUSTICE LEROY R. HASSELL ...

49. 942035 Clohessy v. Weiler 09/15/1995 In a case involving an accident between a motor vehicle and a pedestrian, the trial court erred in submitting the issue of willful and wanton negligence to the jur (09/15/1995)

50. 942042 Parker v. Elco Elevator Corp. 09/15/1995 Because of errors in rulings made by the trial court which culminated in the entry of an order granting the defendant's motion for summary judgment in t (09/15/1995)

51. 942047 Gardner v. Phipps 09/15/1995 Because of the trial court's error in granting the contributory negligence and unavoidable accident instructions, the judgment below is reversed and the case is rem (09/15/1995)

52. 942076 Parker v. Miller 07/21/1995 Since no written notice was given to the owner of an abutting lot, as required by Code A (07/21/1995)

53. 941052 Stump v. Doe 06/09/1995 In a wrongful death case, since the factual issues were properly submitted to the jury and there was sufficient evidence to sustain a finding of causation and foreseeabl (06/09/1995)

54. 941106 Chappell v. Virginia Electric and Power Co. 06/09/1995 In this appeal from a judgment confirming the report of a panel of commissioners in a proceeding to condemn an easement, the landowner's t (06/09/1995)

55. 941129 Schultz v. Schultz 06/09/1995 In one of two pending litigations involving divorcing spouses, the trial court erred by failing to grant the wife's motion as 50% shareholder of a corporation to v (06/09/1995)

56. 941189 City of Manassas v. Board of Sup. 06/09/1995 In a case involving an inter-jurisdictional agreement between a city and the surrounding county, the chancellor correctly held that the city retaine (06/09/1995)

57. 941224 Food Lion Inc. v. Melton 06/09/1995 When an amendment to a response to a request for admissions is allowed by the trial court, the matters originally admitted are returned to the case as issues (06/09/1995)

58. 941229 Jones v. Harrison 06/09/1995 The trial court erred in failing to impose a constructive trust upon a certain portion of the life insurance proceeds in the defendant widow's hands for the benefit (06/09/1995)

59. 941247 Arrington v. Peoples Security Life Ins. Co. 06/09/1995 Since the trial court did not err in sustaining a plea of the statute of limitations in a case involving recovery of the proceeds under tw (06/09/1995)

60. 941263 State Farm Mutual Auto. Ins. Co. v. Haines 06/09/1995 An admission under Rule 4:11 was binding upon a party and the trial court erred in admitting testimony to the contrary. Since there was no (06/09/1995)

61. 941269 Janus v. Sproul 06/09/1995 Since there was no writing which satisfied the requirements of the Statute of Frauds concerning an alleged guaranty agreement between the parties, the trial court pro (06/09/1995)

62. 941302 Trible v. Bland 06/09/1995 The trial court correctly held that a town has not violated the state statute on group homes by allowing a group home to be operated in a residential district, with a (06/09/1995)

63. 941414 Purcell v. Tidewater Construction Corp. 06/09/1995 The plaintiff's suit for retaliatory discharge from employment is not a suit for a positive, physical or mental hurt and he advances no other (06/09/1995)

64. 941420 Reed v. Liverman 06/09/1995 The trial court erred in concluding that an order terminating a prior action with prejudice was not res judicata as to this subsequent action on the same promissory (06/09/1995)

65. 941437 Yeager v. Adkins 06/09/1995 The mere failure to appear in general district court to contest a traffic offense does not constitute a forfeiture within the plain meaning of Code A (06/09/1995)

66. 941440 McManama v. Plunk 06/09/1995 The defendant below had no justifiable expectation of a Rule 3:3 or statute of limitations defense under Virginia law that was entitled to protection under the due (06/09/1995)

67. 941446 Gibson v. Riverside Hospital Inc. 06/09/1995 Applying clear and unambiguous language contained in the statute, the plaintiffs' action does not fall within the exclusive jurisdiction of the Virg (06/09/1995)

68. 941447 Vicars v. First Virginia Bank 06/09/1995 Considering the language used, a grantor conveyed all his interest in tracts of land which were specifically described in a deed and that language was n (06/09/1995)

69. 941465 Burns v. Johnson 06/09/1995 The plaintiff invitee did not present sufficient evidence to establish a duty upon the owner of land to protect the invitee from the criminal acts of a third person (06/09/1995)

70. 941475 Little v. Ward 06/09/1995 In a case where there was friction between the original trustee and a co-trustee who was added after the irrevocable inter vivos trust was established, the judgment of (06/09/1995)

Present: GEORGE v. All the Justices B. TRUSTEE OPINION BY CHIEF JUSTICE HARRY L. CARRICO June 9, 1995 LITTLE, Record No. 941475 WILLIAM S. WARD, JR., ET AL. FROM THE CIRCUIT COURT OF THE CITY OF R...

71. 941562 Chaney v. Haynes 06/09/1995 The evidence was not sufficient to support the trial court's ruling that a prescriptive easement had been established for a right of way over subdivided lots providi (06/09/1995)

72. 941572 Holly's Inc. v. County of Greensville 06/09/1995 Since the award of a public contract reviewed in this case was not an honest exercise of discretion and not in accord with the terms and conditi (06/09/1995)

73. 941647 Sprouse v. Griffin 06/09/1995 In a case where one of the parties to a pending divorce action died after the marital home held by the couple as tenants by the entireties was sold but before the (06/09/1995)

Present: All the Justices LORRAINE G. SPROUSE OPINION BY JUSTICE A. CHRISTIAN COMPTON v. Record No. 941647 June 9, 1995 KATHY S. GRIFFIN, ADMINISTRATOR, ETC. FR...

74. 941648 Tarmac Mid-Atlantic Inc. v. Smiley Block Co. 06/09/1995 The trial court abused its discretion in excluding expert testimony on the basis that it lacked an adequate foundation and granted a moti (06/09/1995)

Present: All the Justices TARMAC MID-ATLANTIC, INC. v. Record No. 941648 OPINION BY JUSTICE BARBARA MILANO KEENAN June 9, 1995 SMILEY BLOCK COMPANY FROM THE CIRCUIT COURT OF THE CITY OF LYNCHBURG ...

75. 942189 Graham v. Commonwealth 06/09/1995 In a capital murder case, review discloses nothing to indicate that the jury was influenced by any arbitrary factor in imposing the death sentence and the jury (06/09/1995)

76. 942223 Royal v. Commonwealth 06/09/1995 The defendant was indicted for the capital murder of a police officer and use of a firearm in the commission of murder. He entered pleas of guilty on both charg (06/09/1995)

77. 942142 Board of Supervisors v. Reed's Landing Corp. 11/03/1995 The trial court properly held that the board of supervisors of a county violated Code § 15.1-491.2:1 when it demanded a "voluntary" cash (11/03/1995)

78. 950005 Carr v. The Home Insurance Company 11/03/1995 Since the only cognizable claim available to the plaintiff insurer was one in subrogation as provided in Code § 38.2-2206(G) and the insurer did no (11/03/1995)

79. 950270 American Assoc. of Retired Persons v. Bell Atlanti 11/03/1995 The evidence of record before the State Corporation Commission supported each of the findings required under Code § 56-235.5(B) and (11/03/1995)

80. 950948 Graham v. Commonwealth 11/03/1995 The trial court did not err in its instructions to the jury and its judgment in this capital murder case is affirmed. The evidence in this case satisfies the r (11/03/1995)

81. 941858 Cotchan v. State Farm Fire & Casualty Co. 09/15/1995 Since nothing in Code § 38.2-2201 prohibits a policy exclusion which disallows medical expense coverage for the named insured or any relativ (09/15/1995)

82. 942076 Parker v. Miller 07/21/1995 Since no written notice was given to the owner of an abutting lot, as required by Code §§ 15.1-431 and -495, a zoning variance for construction of a convenience stor (07/21/1995)

83. 941437 Yeager v. Adkins 06/09/1995 The mere failure to appear in general district court to contest a traffic offense does not constitute a forfeiture within the plain meaning of Code § 8.01-418 and, t (06/09/1995)