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1. 962555 Turner v. Commonwealth 11/14/1997 The Court of Appeals properly held that although the trial court erred in failing to instruct the jury on voluntary manslaughter in addition to its instruction (11/14/1997)

2. 970464 Hohman v. Commonwealth 11/14/1997 The trial court did not err when it imposed a jail sentence on the defendant who had not appeared for trial, had not entered a plea to the charge and had not w (11/14/1997)

VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Friday, the 14th day of November, 1997. Thomas Franklin Hohman, against Record No. 970464 Court...

3. 961854 County of Fairfax v. Century Concrete Services 10/31/1997 The trial court erred in imposing prejudgment and judgment interest against a county, contrary to the mandate of Code A (10/31/1997)

4. 961945 W.J. Schafer Associates v. Cordant Inc. 10/31/1997 In a contract dispute between entities involved in bidding for a government project, no enforceable contract existed for the sale of certain t (10/31/1997)

5. 961978 Ridgwell v. Brasco Bay Corp. 10/31/1997 The trial court correctly ordered certain landowners to remove a gate across an easement, since they have not yet complied with the statutory requirement (10/31/1997)

6. 961985 Bowers v. Sprouse 10/31/1997 A plaintiff who received a jury verdict for the exact amount of her medical and other special damages is entitled to a new trial because the verdict was inadequate (10/31/1997)

7. 962068 Fairfax Hospital v. Curtis 10/31/1997 The trial court correctly held that the plaintiff had a medical malpractice cause of action for negligence in voluntarily disseminating confidential inform (10/31/1997)

8. 962082 Wood v. Board of Supervisors 10/31/1997 In a case involving an erroneous payment of real estate taxes on a parcel of land, because an inadvertent payment is a mistake of fact which may be corre (10/31/1997)

9. 962090 Caprio v. Commonwealth 10/31/1997 The Court of Appeals of Virginia erred in upholding the trial court's ruling denying the appellant's motion for a continuance and allowing the Commonwealth to (10/31/1997)

10. 962261 Benjamin v. University Internal Med. Found. 10/31/1997 The trial court's rulings, finding a physician who served as medical director for an episodic care clinic to be protected by sovereign imm (10/31/1997)

11. 962366 Curo v. Becker 10/31/1997 The circuit court erred in awarding a writ of habeas corpus to the petitioner for denial of effective assistance of counsel. Because the petitioner did not show that h (10/31/1997)

12. 962519 Maximus Inc. v. Lockheed Inf. Mgmt. Systems 10/31/1997 Because the trial court did not apply the correct elements in determining whether a plaintiff had established a prima facie case of tortio (10/31/1997)

13. 962533 Bd. of Supervisors v. FCS Bldg. Association 10/31/1997 The trial court erred in awarding interest on a refund of erroneously assessed real estate taxes when the local ordinance authorizing the (10/31/1997)

14. 962535 Virginia School of the Arts v. Eichelbaum 10/31/1997 The trial court correctly held that the terms of a so-called "matching grant" or "challenge grant" are not enforceable when there has been a (10/31/1997)

15. 962538 Shuttleworth Ruloff and Giordano v. Nutter 10/31/1997 Because a disputed employment contract addendum between a law firm and a lawyer does not violate the Virginia Code of Professional Responsi (10/31/1997)

16. 962544 Ward's Equipment v. New Holland North America 10/31/1997 In this controversy arising from a written contract between a manufacturer and a dealer in farm equipment, the trial court correctly hel (10/31/1997)

17. 962561 Augusta County Sheriff's Dept. v. Overbey 10/31/1997 The Court of Appeals erred in upholding the ruling of the Workers' Compensation Commission that an employer who did not exclude every possib (10/31/1997)

18. 962572 Buonocore v. C&P Telephone Co. 10/31/1997 The trial court correctly entered summary judgment finding that an employee has no cause of action under Code A (10/31/1997)

19. 962600 Trisvan v. Agway Insurance Company 10/31/1997 In enacting Code A (10/31/1997)

20. 962627 Falls Church Construction Co. v. Laidler 10/31/1997 The Court of Appeals properly upheld the Workers' Compensation Commission's decision that an employee's intentional concealment of a material (10/31/1997)

21. 970053 Virginia High School League v. J.J. Kelly H.S. 10/31/1997 A nonstock corporation organized to foster athletic competitions between Virginia high schools violated its own bylaws in reclassifying (10/31/1997)

22. 970069 Atkisson v. Wexford Associates 10/31/1997 A prior judgment entered without the participation of necessary parties is void and not separable from the disposition affecting other parties, and hen (10/31/1997)

23. 970223 Citizens Bank & Trust v. Crewe Factory Sales 10/31/1997 Since voluntary payment of a judgment deprives the payor of the right of appeal, the appeal in this case was improvidently awarded and is (10/31/1997)

Citizens Bank & Trust v. Crewe Factory Sales 254 Va. 355 (1997) _________________________________________________________________ VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court B...

24. 970243 Warner v. The Money Store Investment Corp. 10/31/1997 The trial court correctly decided that a trustee under a deed of trust owes no fiduciary duty to the guarantors of the debt secured by the (10/31/1997)

25. 970385 Lawyers Title Insurance Co. v. Norwest Corp. 10/31/1997 The State Corporation Commission did not err in ruling that it had no authority to regulate a product offered to consumers in the title i (10/31/1997)

26. 970437 Recalde v. ITT Hartford 10/31/1997 A certified question inquiring whether, for purposes of deciding the scope of coverage of a commercial insurance policy for injury or property damage arising (10/31/1997)

27. 970703 Doss v. Jamco Inc. 10/31/1997 A certified question of law, inquiring whether Va. Code A (10/31/1997)

28. 961426 Browning-Ferris Industries v. Residents Involved 09/12/1997 Code A (09/12/1997)

Present: Carrico, C.J., Compton, Stephenson,1 Hassell, and Keenan, JJ., and Poff and Whiting, Senior Justices Browning-Ferris Industries of South Atlantic, Inc. v. Record No. 961426 OPINION...

29. 961459 Jenkins v. Commonwealth 09/12/1997 Because admission of certain expert testimony against the accused in a criminal case constituted reversible error, the judgment of the Court of Appeals is rev (09/12/1997)

30. 961577 Hise v. BARC Electric Cooperative 09/12/1997 The trial court correctly held that a power company's prescriptive right of way was 30 feet wide and correctly concluded that a power company's expr (09/12/1997)

Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan, and Koontz, JJ., and Whiting, Senior Justice BURLEY E. HISE AND DARLENE S. HISE OPINION BY V...

31. 961579 Angstadt v. Atlantic Mutual Ins. Co 09/12/1997 The chancellor did not err in entering judgment, contrary to a jury verdict, that an individual's willful failure to cooperate with an insurer rel (09/12/1997)

32. 961603 Orchard Glen East v. Prince William County 09/12/1997 The trial court properly decided that a condominium development in which no individual units were sold or offered for sale by the developer (09/12/1997)

33. 961606 Morrison-Knudsen Company v. Wingate 09/12/1997 The plaintiff failed to establish that the use by the defendants of smooth-finished concrete on a stair landing constituted a defect or a hazardou (09/12/1997)

34. 961633 Moore v. Commonwealth 09/12/1997 In this case, there was no medical or forensic evidence of the alleged fact that the defendant committed the rape of a young child and the victim's testimony st (09/12/1997)

35. 961718 Nunnally v. Artis 09/12/1997 Dismissal of an action for wrongful conception on statute of limitation grounds is reversed and Scarpa v. Melzig, 237 Va. 509, 379 S.E.2d 307 (1989), is overruled b (09/12/1997)

36. 961739 School Bd. of the City of Norfolk v. Wescott 09/12/1997 In the termination of an employee for excessive absenteeism, the action of the school was not arbitrary or capricious and was supported b (09/12/1997)

37. 961752 Smith v. Settle 09/12/1997 In consolidated personal injury cases resulting from an accident between a vehicle which was proceeding through a green light and an ambulance, the plaintiffs' assign (09/12/1997)

38. 961778 Chesapeake Builders Inc. v. Lee 09/12/1997 Since the record supports the finding that the landowners in a sales transaction did not act in bad faith, the buyer was not entitled to contract dama (09/12/1997)

39. 961781 Afify v. Simmons 09/12/1997 Under prior statutes, after the defendant elected to remove a case from general district court to circuit court, it was error to permit the plaintiffs to amend their (09/12/1997)

40. 961969 State Farm Mut. Auto. Ins. Co. v. Kendrick 09/12/1997 In a personal injury case, evidence concerning the anticipated cost of possible future surgery and lost wages related thereto was too specu (09/12/1997)

41. 962102 Davis v. Tazewell Place Associates 09/12/1997 In a case involving a real estate sale, the express warranty contained in the contract of sale between the plaintiffs and defendant is enforceable (09/12/1997)

42. 962149 Parker v. Putney 09/12/1997 In an equity suit in which the plaintiffs, whose property fronts on a navigable river, sought declaration of an implied easement by necessity across land of the defe (09/12/1997)

43. 962214 Haislip v. Southern Heritage Insurance Co. 09/12/1997 Code A (09/12/1997)

44. 962217 Willis v. Magetta 09/12/1997 In a chancery suit, the trial court properly determined that a prescriptive easement had been established by the evidence, and that the easement had been used durin (09/12/1997)

Present: Carrico, C.J., Compton, Stephenson, * Lacy, Keenan, and Koontz, JJ., and Poff, Senior Justice C. LEONARD WILLIS, TRUSTEE, ETC., ET AL. v. Record No. 962217 OPINION BY JUSTICE A. CHRISTIAN CO...

45. 962235 Helmick v. Town of Warrenton 09/12/1997 The trial court properly sustained a demurrer to an amended bill of complaint by landowners challenging the refusal of a town to consent to vacation of a (09/12/1997)

46. 962264 Sloan v. Johnson 09/12/1997 Since the complainants in a declaratory judgment suit seeking enforcement of restrictive covenants limiting the number of dwellings on a single lot demonstrated comm (09/12/1997)

47. 962266 Commonwealth Transp. Comm'r v. Chadwell 09/12/1997 In an eminent domain proceeding, the trial court erred in refusing to strike for cause a prospective commissioner based on his ownership of pr (09/12/1997)

48. 962267 Archambault v. Roller 09/12/1997 Code A (09/12/1997)

49. 962304 Ewell v. Commonwealth 09/12/1997 Since the off-duty officer who stopped the defendant did not have a reasonable suspicion that she may have been engaged in trespassing or any other criminal act (09/12/1997)

50. 962341 Jury v. Giant of Maryland 09/12/1997 Code A (09/12/1997)

51. 962398 Branham v. Branham 09/12/1997 The trial court erred in overruling the report of a special commissioner in chancery recommending that a deed be set aside based upon the commissioner's finding th (09/12/1997)

52. 962461 O'Brien v. Everfast 09/12/1997 In this personal injury action the absence of evidence as to what caused a bolt of fabric to fall on the plaintiff's foot did not preclude the jury from finding t (09/12/1997)

Present: Carrico, C.J., Compton, Stephenson, 1 Hassell, Keenan, and Koontz, JJ., and Poff, Senior Justice PEGGY S. O'BRIEN v. Record No. 962461 OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. September 12,...

53. 962474 Pavlick v. Pavlick 09/12/1997 The trial court correctly sustained a plea of intra-family immunity with respect to the defendant's alleged negligence in the death of his infant son, but the tria (09/12/1997)

54. 962512 Foster-Zahid v. Commonwealth 09/12/1997 The Court of Appeals did not err in ruling that the trial court had jurisdiction to try the appellant for violation of Code A (09/12/1997)

55. 970131 Beard Plumbing & Heating v. Thompson Plastics 09/12/1997 A certified question of Virginia law from the United States Court of Appeals for the Fourth Circuit: "Is privity required to recover eco (09/12/1997)

56. 960534 Williams v. Warden 06/06/1997 Under the 1995 amendment to Code A (06/06/1997)

57. 961176 Horton v. Horton 06/06/1997 A party's failure to perform a contractual obligation was a material breach of the contract and barred recovery for the other party's nonperformance, and the trial c (06/06/1997)

58. 961236 Austin v. Shoney's Inc. 06/06/1997 The trial court erred in sustaining the defendant's renewed motion to strike the plaintiff's evidence in a restaurant slip and fall case after the jury was un (06/06/1997)

59. 961294 James v. Commonwealth 06/06/1997 The credibility of witnesses and the weight given to their testimony are questions exclusively for the jury and the settled law of Virginia simply does not perm (06/06/1997)

Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, and Keenan, JJ., and Whiting, Senior Justice LORENZO DEMONTE JAMES OPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No. 961294...

60. 961409 Bryan v. Burt 06/06/1997 In a wrongful death action alleging medical malpractice against both an emergency room physician and a family practitioner, the trial court did not err in striking the (06/06/1997)

61. 961410 Westmoreland-LG&E Partners v. Virginia Power 06/06/1997 The trial court's action in excluding evidence of trade custom and usage is affirmed. However, for error in excluding parol evidence conc (06/06/1997)

62. 961500 Moore v. Virginia International Terminals 06/06/1997 The Court of Appeals did not err in ruling that the Virginia Workers' Compensation Act (Code A (06/06/1997)

63. 961582 Parker v. Commonwealth 06/06/1997 In this grand larceny prosecution, since the Commonwealth did not prove the value of the item stolen, the evidence was inadequate as a matter of law to establi (06/06/1997)

64. 961719 Poliquin v. Daniels 06/06/1997 The trial court did not err in qualifying an out-of-state physician as an expert witness, submitting proximate cause issues to a jury, and allowing testimony of a (06/06/1997)

65. 961736 Coleman v. Hogan 06/06/1997 The trial court erred in holding that a potential juror who had been subject to an unconstitutionally exercised peremptory strike and then reseated might be stricken (06/06/1997)

66. 961738 Town of Jonesville v. Powell Valley Village L.P. 06/06/1997 The trial court correctly held that a town's zoning ordinance, while a comprehensive zoning regulation, does not contain a number of (06/06/1997)

67. 961766 Smith v. Smith 06/06/1997 The trial court did not err in granting the defendant's motion to strike the plaintiff's evidence in a case claiming alleged conversion of funds under Code A (06/06/1997)

68. 961815 Long v. Abbruzzetti 06/06/1997 Since the record fails to support the trial court's judgment that a plaintiff who recovered consequential damages for breach of contract presented sufficient evid (06/06/1997)

69. 961830 Bell Atlantic v. Arlington County 06/06/1997 In an inverse condemnation proceeding the trial court erred in sustaining the defendant county's plea in bar on the ground of sovereign immunity and (06/06/1997)

70. 961831 McDonald v. Hampton Training School for Nurses 06/06/1997 The facts and inferences in this medical malpractice action, taken in the light most favorable to the plaintiff, do not lead to a singl (06/06/1997)

71. 961851 Griffin v. The Spacemaker Group 06/06/1997 Since the evidence the plaintiff's experts would have presented if permitted was sufficient to raise a jury question whether the defendant was neglige (06/06/1997)

72. 961857 Butler v. Hayes 06/06/1997 Since the buyers of land involved in this case were fully aware of a title defect when they made improvements on the property, the trial court correctly ruled that th (06/06/1997)

73. 961873 Tyler v. Commonwealth 06/06/1997 Fingerprint evidence adduced in this statutory burglary and grand larceny case, coupled with attendant circumstances, was sufficient to support the trial judge' (06/06/1997)

74. 961958 Pickett v. Spain 06/06/1997 The doctrine of election does not prevent a beneficiary named in a will from asserting a right of contribution arising from her payment of debts she and the testator (06/06/1997)

75. 961996 Greenway v. Commonwealth 06/06/1997 Since the error of the trial court in admitting opinion testimony of a 12-year-old witness concerning the speed of a vehicle immediately prior to an accident (06/06/1997)

76. 962021 Town of Rocky Mount v. Southside Investors 06/06/1997 The developer's failure to obtain site plan approval for new construction on a tract of land before the property was rezoned defeated its v (06/06/1997)

77. 962531 Bradick v. Grumman Data Systems Corp. 06/06/1997 The certified question "Does the common law of Virginia provide a wrongful discharge remedy to an employee of an employer covered by the Rehabil (06/06/1997)

78. 962601 Crown Central Petroleum Corp. v. Hill 06/06/1997 In response to a certified question from the United States District Court for the Eastern District of Virginia, it is concluded that Code A (06/06/1997)

79. 960261 Hawthorn v. City of Richmond 04/18/1997 The trial court properly sustained the demurrer of a city to a motion for judgment alleging negligent failure to provide a guardrail or warning on a path (04/18/1997)

80. 960754 Commercial Business Systems v. Halifax Corp. 04/18/1997 Since the plaintiff company established merely a subjective belief or hope that the business relationship between it and another company (04/18/1997)

81. 960794 Perk v. Vector Resources Group 04/18/1997 Since the trial court correctly sustained the defendants' demurrers to some of the counts in the plaintiff's motion for judgment, but erred in sustaini (04/18/1997)

82. 960876 St. George v. Pariser 04/18/1997 Since there is nothing in the record in a medical malpractice case for misdiagnosis of a malignant mole fixing the date of injury to the plaintiff more than two (04/18/1997)

83. 961079 Blair Construction v. Weatherford 04/18/1997 Since the record does not contain clear and convincing evidence that would permit a jury to find that the defendant subcontractor committed acts of (04/18/1997)

84. 961290 Mathy v. Virginia Dept. of Taxation 04/18/1997 Since the business tax imposed by the District of Columbia on plaintiffs is illegal and unauthorized under the Home Rule Act, the plaintiffs are n (04/18/1997)

85. 961318 Harrison & Bates Inc. v. Featherstone Assoc. 04/18/1997 The Commercial Real Estate Broker's Lien Act does not permit a commercial real estate broker to record and enforce a lien against rents o (04/18/1997)

86. 961324 Moore & Moore Gen. Contr. v. Basepoint Inc. 04/18/1997 In this dispute concerning a buyer's acceptance of nonconforming goods, the trial court correctly concluded that the Uniform Commercial Co (04/18/1997)

87. 961377 Commonwealth v. Walker 04/18/1997 A circuit court did not have jurisdiction to entertain an appeal from the judgment of a juvenile and domestic relations district court when the appealing party (04/18/1997)

88. 961529 Straessle v. Air Line Pilots Ass'n 04/18/1997 Applying Federal Rule of Civil Procedure 54(b), a federal district court order which dismissed the plaintiff's claim against the defendant is not a (04/18/1997)

89. 961531 Dickerson v. Fatehi 04/18/1997 If the facts alleged and admitted by a doctor in a medical malpractice case were presented to a jury, the jurors, absent expert testimony, reasonably could determ (04/18/1997)

90. 961774 Harris v. Harman 04/18/1997 The trial court properly submitted to a jury the issue whether actions of a "tailgating" driver were a proximate cause of an accident and did not err in refusing to (04/18/1997)

91. 962431 Beck v. Commonwealth 04/18/1997 After review of capital murder convictions and death sentences imposed upon the defendant, it is concluded that the trial court did not err in receiving "victim (04/18/1997)

92. 960327 Adkins v. Dixon 02/28/1997 In this legal malpractice case the former court-appointed attorney for the plaintiff was not entitled to sovereign immunity and the trial court erred in sustaining th (02/28/1997)

93. 960395 Schwartz v. Brownlee 02/28/1997 Code A (02/28/1997)

94. 960944 Adams Outdoor Advertising v. Long 02/28/1997 In a dispute between a landowner and a tenant who leased an advertising billboard on the land, the trial court correctly found that the landowner ow (02/28/1997)

95. 961029 Lee v. Commonwealth of Virginia 02/28/1997 The evidence supports the trial court's finding that the defendant rather than his sister is the true owner of a vehicle and the Commonwealth establis (02/28/1997)

96. 961032 Young v. Lambert 02/28/1997 The evidence in a wrongful death case failed to show that the plaintiffs' deceased assumed the risk of riding with the defendant's deceased in his intoxicated state (02/28/1997)

97. 961088 Lake v. Northern Virginia Women's Medical Ctr. 02/28/1997 The plaintiff should be permitted to amend a motion for judgment at the threshold of trial to substitute the proper defendant where the (02/28/1997)

98. 961095 Hill v. Brooks 02/28/1997 Since a deed of gift was clear and unequivocal on its face in establishing a joint tenancy between the parties with a right of survivorship, and the undisputed testimo (02/28/1997)

99. 961140 Matthews v. Virginia Dept. of Transportation 02/28/1997 Given the location and circumstances of the plaintiff's fall on a ferry boat, the trial court erred in ruling that the action was not a m (02/28/1997)

100. 961142 City of Chesapeake v. Gardner Enterprises 02/28/1997 Code A (02/28/1997)

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