1998)

2. 972334 Hoar v. Great Eastern Resort Management 11/06/1998 In this case involving serious injury to a skier at a resort, from the circumstances that were proven below, and according to the ordinary exp (11/06/1998)

3. 972622 Ward v. NationsBank 11/06/1998 Because a trustee had authority to grant a purchase option on trust property and exercised that authority in a prudent manner, and that action provided a benefit (11/06/1998)

4. 972637 Downer v. CSX Transportation Inc. 11/06/1998 In a Federal Employers' Liability Act case against an oil company and an employer, in which the employee alleged that he was injured when the defend (11/06/1998)

5. 972645 Commonwealth v. Zamani 11/06/1998 Since the Court of Appeals correctly interpreted and applied Code A (11/06/1998)

6. 972694 Atkinson v. Scheer 11/06/1998 In this medical negligence action the trial court erred in allowing the defendant to present evidence that another doctor, who is not a party to this litigation, b (11/06/1998)

Present: All the Justices WALTER ATKINSON, ADMINISTRATOR OF THE ESTATE OF RUBY E. ATKINSON, DECEASED OPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No. 972694 November 6, 19...

7. 972711 Ash v. All Star Lawn and Pest Control 11/06/1998 The trial court erred in ruling that purchasers of real property could not recover for breach of contract against an inspection company for fail (11/06/1998)

Present: All the Justices KENNETH R. ASH, SR. AND JOYCE A. ASH OPINION BY v. Record No. 972711 JUSTICE LAWRENCE L. KOONTZ, JR. November 6, 1998 ALL STAR LAWN AND PEST CONTROL, INC. ...

8. 972717 O'Brian v. Langley School 11/06/1998 In a contract case for payment of school tuition, the circuit court erroneously entered summary judgment for the school before permitting the parents to con (11/06/1998)

9. 980014 Webb v. Rivers 11/06/1998 Plaintiff in a vehicular accident case having offered proof that defendant had a blood alcohol content of .21%, was so intoxicated that he did not know where he was an (11/06/1998)

10. 980019 Bruce v. Commonwealth 11/06/1998 Published Order (11/06/1998)

11. 980024 Combs v. Norfolk and Western Rwy. 11/06/1998 An expert in the field of biomechanical engineering was qualified to render an opinion on the compression forces placed on the plaintiff's spine at (11/06/1998)

12. 980025 Newman v. Erie Insurance Exchange 11/06/1998 In a declaratory judgment proceeding concerning insurance coverage, final judgment is awarded declaring that a child was "using" the school bus at t (11/06/1998)

13. 980061 Commonwealth v. Price 11/06/1998 Because the Court of Appeals correctly found that the defendant was held continuously in custody in excess of five months from a finding of probable cause until (11/06/1998)

14. 980081 Richmond Metropolitan Authority v. McDevitt Street 11/06/1998 In a case alleging actual and constructive fraud, the judgment of the circuit court dismissing the causes of action is affirmed bec (11/06/1998)

15. 980100 Gloucester County v. Kennedy 11/06/1998 The trial court properly applied Code A (11/06/1998)

16. 980152 York Federal Savings & Loan Assoc. v. Hazel 11/06/1998 In this mechanic's lien enforcement suit the holder of a mechanic's lien that was "bonded off" pursuant to Code A (11/06/1998)

17. 980250 Smith v. Litten 11/06/1998 In a case alleging age discrimination in the termination of employment, the trial court's instructions to the jury constituted a fair summary of the applicable princi (11/06/1998)

18. 980259 Commonwealth v. Donkor 11/06/1998 Because there was no evidence to support the defendant's request for a jury instruction on the lesser-included offense of malicious wounding, the judgment of t (11/06/1998)

19. 980325 Commonwealth v. Presley 11/06/1998 There was sufficient evidence of record to permit the jury to find beyond a reasonable doubt that a defendant's acts caused the victim's death. The Court of A (11/06/1998)

20. 980378 Commonwealth v. Taylor 11/06/1998 The Court of Appeals erred in reversing the defendant's conviction for grand larceny on the ground that the evidence was insufficient to prove his criminal int (11/06/1998)

21. 980486 Anderson v. Commonwealth 11/06/1998 The Court of Appeals did not err in affirming the trial court's denial of a defendant's motion to suppress evidence seized from his person and property becau (11/06/1998)

PRESENT: Carrico, C.J., Compton, Lacy, Hassell, Koontz, and Kinser, JJ., and Stephenson, Senior Justice LEMAR JAMIE ANDERSON, S/K/A LAMAR JAMIE ANDERSON v. Record No. 980486 OPINION BY SENIOR JUSTICE ...

22. 980564 Town of Blackstone v. Southside Electric Cooperati 11/06/1998 A city or town seeking to exercise the right provided by Code A (11/06/1998)

23. 980677 Swisher v. Commonwealth 11/06/1998 No error is found in the review of a capital murder conviction, sentence of death, and appeal of related convictions. The judgment is affirmed. (11/06/1998)

Present: All the Justices BOBBY WAYNE SWISHER v. OPINION BY JUSTICE LEROY R. HASSELL, SR. Record Nos. 980677 & 980678 November 6, 1998 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF AUGUSTA COU...

24. 980797 Kasi v. Commonwealth 11/06/1998 Upon a review of numerous issues in a capital murder conviction considered with appeal of convictions for other offenses, it is concluded that the trial court co (11/06/1998)

25. 981020 Reid v. Commonwealth 11/06/1998 No error is found in the review of a death sentence imposed upon conviction for capital murder nor is any reason found to commute the death sentence, and the jud (11/06/1998)

Present: All the Justices JAMES EDWARD REID, a/k/a JAMES EDWARD REED v. Record No. 981020 OPINION BY JUSTICE CYNTHIA D. KINSER November 6, 1998 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF MON...

26. 971519 Prince William Cty. Service Auth. v. Harper 09/18/1998 An employee's false statement on an employment application that she had not been convicted of a felony does not bar her receipt of workers (09/18/1998)

27. 971772 Hartzell Fan Inc. v. Waco Inc. 09/18/1998 Since a manufacturer's sales representative was the "agent" of the manufacturer within the meaning of Code A (09/18/1998)

28. 971938 Taylor v. Commonwealth 09/18/1998 The Court of Appeals correctly held that it was not an abuse of discretion to deny a mistrial when a juror failed to respond to a question during voir dire and (09/18/1998)

29. 971990 Irby v. Roberts 09/18/1998 The trial court erred in determining that the language of a deed purporting to grant an easement to construct a pier was ambiguous and, thus, that it failed to transf (09/18/1998)

30. 972018 Amos v. NationsBank 09/18/1998 Because the evidence was insufficient as a matter of law to establish that defendant bank had a duty to remove ice and snow from its premises at the time a plaint (09/18/1998)

31. 972041 Hegwood v. Virginia Natural Gas Inc. 09/18/1998 The trial court did not err in striking the plaintiff's evidence in wrongful death actions because the evidence failed as a matter of law to pres (09/18/1998)

32. 972102 Claycomb v. Didawick 09/18/1998 The trial court erred in striking the plaintiff's evidence and entering summary judgment in favor of the defendant on the ground that the evidence showed, as a m (09/18/1998)

33. 972112 Bailey v. Lancaster Ruritan Recreation Ctr. 09/18/1998 In this negligence action the defendant corporation is not protected from liability under the doctrine of charitable immunity because the (09/18/1998)

34. 972212 Toyota Motor Credit v. Hyman Auto Wholesale 09/18/1998 The trial court properly held that a lienholder whose lien was omitted from a duplicate certificate of title for an automobile because of (09/18/1998)

35. 972263 Shenandoah Acres Inc. v. D.M. Conner Inc. 09/18/1998 The trial court erred in determining that the owner of a non- exclusive easement may limit access to the easement by the servient landowner (09/18/1998)

36. 972272 Kelly v. Carrico 09/18/1998 Because a nonsuit motion was made prior to submission of the case to the trial judge for consideration of dispositive motions, the grant of a second nonsuit was prop (09/18/1998)

37. 972275 Mountain View Ptnrshp v. City of Clifton Forge 09/18/1998 A former city ordinance setting rates for refuse collection imposed a valid fee. Since the evidence supports the trial court's finding (09/18/1998)

38. 972283 Hanover County v. Bertozzi 09/18/1998 Because a developer failed to submit complete applications for subdivision of two sections before the effective date of a new zoning ordinance, judgment wi (09/18/1998)

39. 972356 Ayers v. Mosby 09/18/1998 In this chancery suit, there was an effort to rescind a deed upon the grounds of mutual mistake of fact or coercion. The chancellor did not err in sustaining defendant (09/18/1998)

40. 972378 Martin & Martin Inc. v. Bradley Enterprises 09/18/1998 The trial court correctly refused to permit the plaintiff to use parol evidence to explain a purported ambiguity in a contract, and the ju (09/18/1998)

Present: All the Justices MARTIN & MARTIN, INC. OPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No. 972378 September 18, 1998 BRADLEY ENTERPRISES, INC., ET AL. FROM THE C...

41. 972382 Commonwealth v. Harley 09/18/1998 In a case where the Commonwealth appealed a judgment of the Court of Appeals which held that a defendant was entitled to a transcript of a pretrial hearing in (09/18/1998)

42. 972401 Town of Rocky Mount v. Wenco of Danville 09/18/1998 Since a town neither agreed to provide nor actually provided sewer service to properties outside its boundaries, it was not "holding out" the (09/18/1998)

43. 972435 Scarbrow v. State Farm Mut. Auto. Ins. Co. 09/18/1998 A provision in an insurer's automobile insurance policy excluding coverage for medical expenses that are payable under a workers' compensat (09/18/1998)

44. 972436 Dept. of Environmental Quality v. Wright 09/18/1998 The circuit court exceeded its statutory jurisdiction in awarding certain relief to an employee because the hearing officer's recommendation, (09/18/1998)

Present: All the Justices COMMONWEALTH OF VIRGINIA, DEPARTMENT OF ENVIRONMENTAL QUALITY OPINION BY JUSTICE A. CHRISTIAN COMPTON v. Record No. 972436 September 18, 1998 STEVEN B. WRIGHT FROM THE CIRC...

45. 972543 Bill Greever Corp. v. Tazewell Bank 09/18/1998 The trial court correctly found that liability claims by an entity that was reorganized under Chapter 11 of the Bankruptcy Code against a former c (09/18/1998)

46. 972621 Wagoner v. Benson 09/18/1998 The judgment of the trial court holding that the defendant school board was entitled to sovereign immunity from damages for injuries plaintiff sustained when she wa (09/18/1998)

47. 980074 Hilfiger v. Transamerica Occidental Life 09/18/1998 An insurance application initiated and signed by a son seeking a policy insuring the life of his father violated Code A (09/18/1998)

48. 971364 Runion v. Helvestine 06/05/1998 Because the bill of complaint, fairly read, stated a case for an agreement requiring an elderly lady to make a devise of property to plaintiffs and to give them (06/05/1998)

49. 971373 Mottesheard v. Castern 06/05/1998 The trial court did not err in a medical malpractice action in refusing to permit a party to offer evidence of his general reputation for truth and veracity. T (06/05/1998)

50. 971463 Gina Chin & Assoc. v. First Union Bank 06/05/1998 Under revised Code A (06/05/1998)

51. 971616 Williams v. Williams 06/05/1998 There is no constitutional infirmity in the statute governing visitation rights of parents and grandparents, and since there is no allegation or proof in this ca (06/05/1998)

52. 971635 Tidewater Psychiatric Inst. v. City of Virginia Be 06/05/1998 In a taxpayer's appeal from a judgment upholding assessments of a private psychiatric hospital for the tax years 1990 through 1995, (06/05/1998)

Present: All the Justices TIDEWATER PSYCHIATRIC INSTITUTE, INC. OPINION BY v. Record No. 971635 JUSTICE LAWRENCE L. KOONTZ, JR. June 5, 1998 CITY OF VIRGINIA BEACH FROM THE CIRCUIT CO...

53. 971730 Thomas v. Commonwealth 06/05/1998 Because General Assembly used of the word "offense" rather than "conviction" in the statutes dealing with operation of motor vehicles by habitual offenders, de (06/05/1998)

54. 971773 Treacy v. Smithfield Foods 06/05/1998 Because there was no justiciable controversy between the adverse parties and a declaratory judgment proceeding may not be maintained against a party with w (06/05/1998)

55. 971821 Subaru of America Inc. v. Peters 06/05/1998 Since Virginia's so-called "Lemon Law" applies to purchasers of used vehicles during the manufacturer's warranty period, and the evidence in this cas (06/05/1998)

56. 971833 Coleman v. Coleman 06/05/1998 Because a life tenant may have a vested remainder interest in property, though actual enjoyment is deferred, the trial court's judgment in a will construction proc (06/05/1998)

57. 971835 Massie v. Blue Cross/Blue Shield 06/05/1998 The tolling provision in Code A (06/05/1998)

58. 971876 Meyer v. Brown 06/05/1998 In this appeal of a judgment in favor of a plaintiff in a personal injury action, the trial court erred in overruling the defendant's objection to venue. That judgment (06/05/1998)

59. 971884 Lim v. Choi 06/05/1998 Because a written memorandum did not contain any language demonstrating an intent to convey an interest in real estate, it was not a valid deed. The judgment of the circu (06/05/1998)

60. 971895 Sabre Construction v. County of Fairfax 06/05/1998 The trial court correctly held that the Public Procurement Act requires that a bidder who seeks to challenge a public body's determination tha (06/05/1998)

61. 971899 Hundley v. Osbourne 06/05/1998 Because evidence about a personal injury plaintiff's future medical expenses and future lost wages was subject to differing interpretations, and thus was controve (06/05/1998)

62. 971907 R.K. Chevrolet v. Bank of the Commonwealth 06/05/1998 The trial court properly awarded damages against an automobile dealership for breaching its agreement with a lender by incorrectly titling (06/05/1998)

63. 971950 Advanced Marine Enterprises v. PRC 06/05/1998 The liability judgment of the chancellor in a suit under Code A (06/05/1998)

64. 971951 Toombs v. Hayes 06/05/1998 A jury's verdict for the exact amount of a personal injury plaintiff's special damages was inadequate as a matter of law. The trial court judgment upon the verdict fo (06/05/1998)

65. 971952 Jones v. Eley 06/05/1998 In this paternity suit, the evidence is sufficient to support the trial court's finding by clear and convincing evidence that the petitioners, who were born out of wedl (06/05/1998)

66. 971959 Jaynes v. Becker 06/05/1998 The trial court correctly found that an automobile manufacturer's subsidiary is in the business of leasing within the meaning of Virginia Code A (06/05/1998)

67. 972060 Board of Zoning Appeals v. Caselin Systems Inc. 06/05/1998 Since a landowner did not acquire a vested property right to build and operate a planned medical waste incinerator before enactment of (06/05/1998)

68. 972103 Jeld-Wen Inc. v. Gamble 06/05/1998 As a matter of law, a window screen producer had no duty to manufacture the screen in question so that it would act as a childproof restraint. Judgment of the (06/05/1998)

69. 972627 Austin v. Consolidation Coal Company 06/05/1998 Pursuant to Rule 5:42, a certified question from a United States District Court is answered in the negative because Virginia law would not recogn (06/05/1998)

70. 972635 Edwards v. Government Employees Insurance Co. 06/05/1998 A certified question whether a person changing a flat tire was using the vehicle for purposes of Virginia Code A (06/05/1998)

71. 972659 Va. Society for Human Life v. Caldwell 06/05/1998 Reviewing the Campaign Finance Disclosure Act in response to a certified question of law from the U.S. Court of Appeals for the Fourth Circuit, (06/05/1998)

72. 980010 Walton v. Commonwealth 06/05/1998 Upon review of three sentences of death entered upon convictions for capital murders, finding no reversible error in the record, and no reason to commute the d (06/05/1998)

73. 980437 Oxenham v. Martin 06/05/1998 Because a juvenile and domestic relations district court judge had jurisdiction and authority to appoint counsel for a minor charged with assaulting his mother, a w (06/05/1998)

74. 970112 Fields v. Fields 04/17/1998 Since evidence from witnesses to the execution of a will, coupled with testimony of others present, establishes by a preponderance of evidence that the testator had (04/17/1998)

75. 970941 Chawla v. Burger Busters Inc. 04/17/1998 The trial court in a lease dispute erred in denying the defendant landlords a right to recover fees to the extent that they prevailed on aspects of the (04/17/1998)

76. 971090 Diehl v. Butts 04/17/1998 Because it was error to allow a doctor to testify to a conversation with a now-deceased patient without the level of corroboration required by Code A (04/17/1998)

77. 971155 Tauber v. Commonwealth 04/17/1998 In this chancery suit concerning assets located in Virginia held by trustees in dissolution of a foreign charitable corporation, the judgment appealed from, an (04/17/1998)

78. 971257 State Farm Mutual Auto. Ins. Co. v. Bowers 04/17/1998 In litigation involving reimbursement for medical expenses incurred by an insured under a medical payments provision of an automobile insur (04/17/1998)

79. 971316 Jordan v. Shands 04/17/1998 Because a claim for false imprisonment is subject to the two- year statute of limitations applicable to actions for personal injuries, the trial court's dismissal of (04/17/1998)

80. 971361 Panameno v. Commonwealth 04/17/1998 Since a juvenile defendant transferred by the juvenile and domestic relations district court to the circuit court for trial neither alleged that he was incom (04/17/1998)

81. 971416 Dalloul v. Agbey 04/17/1998 Under Code A (04/17/1998)

82. 971431 Commonwealth v. Jackson 04/17/1998 A person against whom judgment is deferred after a determination that the evidence is sufficient to support conviction is not "innocent" of the offense regard (04/17/1998)

83. 971461 Richfood Inc. v. Jennings 04/17/1998 Because a release agreement applied only to claims that arose prior to its execution and because a subsidiary corporation is separate and distinct from its (04/17/1998)

84. 971472 Greenberg v. Commonwealth 04/17/1998 Because the Consumer Finance Act authorizes restitution only from a "lender", the trial court judgment imposing such an obligation on a majority shareholder (04/17/1998)

Present: All the Justices JEROME GREENBERG v. Record No. 971472 OPINION BY JUSTICE CYNTHIA D. KINSER April 17, 1998 COMMONWEALTH OF VIRGINIA, EX REL. ATTORNEY GENERAL OF VIRGINIA ...

85. 971536 Polston v. Commonwealth 04/17/1998 Because the officers in this case searched in good faith pursuant to a warrant that was not defective, the trial court correctly denied a drug defendant's mot (04/17/1998)

86. 971537 Commonwealth v. Jenkins 04/17/1998 The Court of Appeals' judgment overturning defendant's convictions of first degree murder and use of a firearm in the commission of murder is reversed because (04/17/1998)

Present: All the Justices COMMONWEALTH OF VIRGINIA v. Record No. 971537 OPINION BY JUSTICE BARBARA MILANO KEENAN April 17, 1998 ANTWAN R. JENKINS FROM THE COURT OF APPEALS OF VIRGINIA In this app...

87. 971587 Brown v. Moore 04/17/1998 In this case, the trial court did not err in ruling that a strip of real property was not a public way but was acquired by an adjoining landowner through adverse posse (04/17/1998)

88. 971645 Horton v. Commonwealth 04/17/1998 Because the evidence in these two cases proved that the defendants each penetrated the outer portion of the respective victim's genitalia, convictions are affi (04/17/1998)

89. 971647 Soering v. Deeds 04/17/1998 In this habeas corpus case, there is no reasonable probability that, had the evidence in question been disclosed to the defense, the result of the criminal trial wou (04/17/1998)

90. 971655 Board of Zoning Appeals v. Kahhal 04/17/1998 The circuit court correctly reversed the decision of a board of zoning appeals because the board applied erroneous principles of law, and the judgme (04/17/1998)

91. 971720 Jackson v. Commonwealth 04/17/1998 No reversible error is found in the issues presented in this appeal of a capital murder conviction and death sentence along with five other related felony con (04/17/1998)

92. 971746 City of Virginia Beach v. Giant Square Shopping Ct 04/17/1998 In this eminent domain case the trial court abused its discretion and committed reversible error in refusing to strike for cause a (04/17/1998)

93. 971818 Mason v. Commonwealth 04/17/1998 The trial court properly denied a motion for mistrial on the grounds that one of the jurors had such a limited command of English as to undermine the defendant' (04/17/1998)

94. 971921 Shaw v. The Titan Corporation 04/17/1998 Upon two questions of Virginia Law certified by the United States Court of Appeals for the Fourth Circuit, the first question concerning adequacy of jur (04/17/1998)

95. 970361 Bucholtz v. Computer Based Systems 02/27/1998 Since a lessee did not have valid debts to set off against a lease obligation, the trial court judgment denying setoff is affirmed, but the use of (02/27/1998)

PRESENT: All the Justices ROY J. BUCHOLTZ, P.C. OPINION BY v. Record No. 970361 JUSTICE LAWRENCE L. KOONTZ, JR. February 27, 1998 COMPUTER BASED SYSTEMS, INC. FROM THE CIRCUIT COUR...

96. 970596 Rizzo v. Virginia Retirement System 02/27/1998 Since the ninety-day limitation in Code A (02/27/1998)

97. 970628 Virginia Parole Board v. Wilkins 02/27/1998 Since the trial court's determination in a habeas corpus petition does not affect the lawfulness of the petitioner's immediate custody and detention, (02/27/1998)

98. 970642 Town of Madison v. Ford 02/27/1998 Because minutes recording action of a town council did not reflect which of the council members actually voted for adoption of a zoning ordinance, whether any (02/27/1998)

99. 970867 Georgia-Pacific Corp. v. Darcy 02/27/1998 Code A (02/27/1998)

100. 970880 Williams v. Harrison 02/27/1998 In a wrongful death action following an automobile accident, the trial court's ruling allowing submission of the defense of contributory negligence and its refus (02/27/1998)