1999)

2. 981447 Lovelace v. Commonwealth 11/05/1999 Based on a recent U.S. Supreme Court decision, the search of the defendant was not consistent with the Fourth Amendment. Accordingly, the Court of Appeals er (11/05/1999)

3. 982376 Moore v. Millers Cove Energy Co. 11/05/1999 At the time a garnishment summons was returnable, the court had not entered an order directing the clerk of court to pay money to the judgment debtor (11/05/1999)

4. 982476 Cochran v. Commonwealth 11/05/1999 By an order entered in response to a habeas corpus petition, defendant was awarded leave to petition for appeal. Conducting review de novo, and finding no err (11/05/1999)

5. 982520 Dinwiddie County School Board v. Cole 11/05/1999 Under the Virginia Workers' Compensation Act, awards of compensation benefits are based upon the average weekly wage. Here an employee who perfo (11/05/1999)

6. 982534 Welch v. Miller and Long Co. of Maryland 11/05/1999 Under the exclusive remedy provision of the Workers' Compensation Act, the uninsured motorists statute does not permit the personal represent (11/05/1999)

7. 982606 Johnson v. Campbell 11/05/1999 The trial court erred in ruling as a matter of law that any illegal conduct in which two plaintiffs may have participated was a proximate cause of the alleged inj (11/05/1999)

8. 982627 Board of Supervisors v. Washington D.C. 11/05/1999 Telecommunications facilities constructed by a private commercial owner on its leasehold on land within the rights-of-way of the Virginia Depa (11/05/1999)

9. 982638 Holmes v. LG Marion Corporation 11/05/1999 Plaintiff recovered damages plus attorneys' fees and costs from a used car dealership for violation of the Virginia Consumer Protection Act (VCPA). Th (11/05/1999)

10. 982682 Norfolk Southern Railway Company v. Thomas 11/05/1999 In an action brought under the Federal Employers' Liability Act (FELA), the trial court erred in refusing to instruct the jury on contribut (11/05/1999)

11. 982684 Bray v. Brown 11/05/1999 A deputy sheriff is not barred by the Virginia constitutional prohibition against holding multiple offices, or the implementing statute, from also serving as a member o (11/05/1999)

12. 990006 Higgs v. Kirkbride 11/05/1999 In these appeals consolidated for argument, the trial court erred in reversing a decision of a board of zoning appeals that a lot created by subdivision of an exis (11/05/1999)

13. 990014 Cardinal Holding Company v. Deal 11/05/1999 The trial court did not err in basing a sanction award on the proposition that counsel should have known that legal malpractice claims are not assign (11/05/1999)

14. 990030 Lawrence v. Jenkins 11/05/1999 An individual requesting documents pursuant to the Virginia Freedom of Information Act was not denied rights and privileges conferred by that Act when a respondin (11/05/1999)

15. 990031 Board of Supervisors v. Countryside Investment Co. 11/05/1999 Pursuant to strict construction required by the Dillon Rule, a county board of supervisors does not have unfettered discretion when (11/05/1999)

16. 990032 Stevenson v. Commonwealth 11/05/1999 When a doctor's altered report was made, no prejudice befell a medical insurance carrier, because at that time the subject surgery had been successfully com (11/05/1999)

Present: All the Justices WILLIAM C. STEVENSON v. Record No. 990032 OPINION BY JUSTICE ELIZABETH B. LACY November 5, 1999 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA William C. S...

17. 990052 Nationwide Mutual Fire Ins. Co. v. Rezainik 11/05/1999 The record in this case supports the conclusion that the Iranian- origin goods plaintiff brought to the United States as baggage were for (11/05/1999)

18. 990065 Black v. Bladergroen 11/05/1999 In a medical malpractice case, the trial court erred in excluding testimony of a medical expert called by the plaintiff. The judgment is reversed. (11/05/1999)

19. 990093 Phan v. Commonwealth 11/05/1999 The evidence was sufficient to support the jury's findings that the defendant perpetrated criminal acts of murder and malicious wounding. While no single piece o (11/05/1999)

20. 990137 Pollard & Bagby Inc. v. Pierce Arrow L.L.C. 11/05/1999 By contract, the former owner of an apartment building is obligated to pay commissions as long as a tenant procured by the plaintiff leasi (11/05/1999)

21. 990270 Harris v. Commonwealth 11/05/1999 A defendant was not denied a speedy trial under Code A (11/05/1999)

22. 990612 Vinson v. Commonwealth 11/05/1999 The trial court committed no error, and the sentence of death was properly assessed in this capital murder case. Thus, the trial court's judgment in the capita (11/05/1999)

23. 990677 Perez v. Capital One Bank 11/05/1999 A certified question, whether A (11/05/1999)

24. 991284 Thomas v. Garraghty 11/05/1999 The minor defendant's aunt and uncle, as persons "standing in loco parentis," were served with a juvenile transfer hearing which, along with the notice provided t (11/05/1999)

25. 991816 Roach v. Director Dept. of Corrections 11/05/1999 When the juvenile defendant appeared in circuit court with his parents and counsel for review of a transfer decision, the circuit court had jur (11/05/1999)

Present: All the Justices STEVE EDWARD ROACH v. Record No. 991816 OPINION BY JUSTICE BARBARA MILANO KEENAN November 5, 1999 DIRECTOR, DEPARTMENT OF CORRECTIONS UPON A PETITION FO...

26. 981767 Dray v. New Market Poultry Products 09/17/1999 A generalized, common-law "whistleblower" retaliatory discharge claim is not recognized as an exception to Virginia's employment-at- will doctrine (09/17/1999)

27. 981936 City of Virginia Beach v. Hay 09/17/1999 Section 2-166 of the Virginia Beach City Code, providing that assistant city attorneys be appointed, non-merit employees, is a reasonable implementation (09/17/1999)

Present: All the Justices CITY OF VIRGINIA BEACH v. Record No. 981936 OPINION BY JUSTICE ELIZABETH B. LACY September 17, 1999 DAVID S. HAY FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH J. Wa...

28. 982204 Donnelly v. Donatelli & Klein Inc. 09/17/1999 The chancellor correctly ruled in favor of a general partner in litigation arising out of a real estate development limited partnership, construing (09/17/1999)

29. 982269 Gravitt v. Ward 09/17/1999 In this medical malpractice case there was not sufficient evidence from which the jury could reasonably find that the plaintiff was guilty of contributory negligence. (09/17/1999)

30. 982345 Garrett v. I. R. Witzer Co. 09/17/1999 In a personal injury, product liability case the plaintiff did not establish a prima facie case of negligence and breach of warranty against a manufacture (09/17/1999)

31. 982377 Clark v. Scott 09/17/1999 In an appeal from a decree providing for an accounting in the dissolution of a dental partnership, the evidence does not support the chancellor's award of damages, whi (09/17/1999)

32. 982400 ITT Hartford v. Virginia Financial Assoc. 09/17/1999 Because future earnings projections made by an expert used several variables (premium amounts, population sizes, penetration rates, and rete (09/17/1999)

33. 982434 Lumbermen's Underwriting v. Dave's Cabinet Inc. 09/17/1999 Because an employer failed to prove the elements of constructive fraud in a claim against an insurer for promising reduced workers' co (09/17/1999)

34. 982449 Breeding v. Hensley 09/17/1999 In this case concerning the law of public nuisances, the plaintiffs' bare allegations of fact, considered according to demurrer rules, support the elements of a p (09/17/1999)

35. 982466 School Board City of Portsmouth v. Colander 09/17/1999 The evidence was insufficient in a student's case against a local school board to support the conclusion that the decision to continue the (09/17/1999)

36. 982467 Ligon v. Southside Cardiology Assoc. 09/17/1999 In this medical negligence case the trial court erred in admitting "habit" evidence from medical personnel to prove that a patient did not compla (09/17/1999)

37. 982473 Ravindranathan v. Virginia Commonwealth Univ. 09/17/1999 Since the facts upon which plaintiff relies to support her purported Virginia domicile could also be deemed auxiliary to educational obj (09/17/1999)

38. 982474 Apartment Inv. & Mgmt v. Nat'l Loan Investors 09/17/1999 The trial court's award of a money judgment is reversed because the plaintiff, which obtained a promissory note by an assignment without (09/17/1999)

Present: All the Justices APARTMENT INVESTMENT AND MANAGEMENT COMPANY v. Record No. 982474 NATIONAL LOAN INVESTORS, L.P. OPINION BY JUSTICE BARBARA MILANO KEENAN September 17, 1999 WINTHROP MANAGEM...

39. 982483 Gaymon v. Gaymon 09/17/1999 The trial court correctly held that the testator created a life estate in favor of the testator's widow, but erred in its conclusion that the language in the will sh (09/17/1999)

40. 982485 VEPCO v. Dungee 09/17/1999 In a personal injury case in which a ten-year-old boy received severe burns after crawling through a fence into an electric power substation, in view of the evidence (09/17/1999)

41. 982556 Breeden v. Roberts 09/17/1999 In a traffic accident case, expert opinion testimony excluded by the trial judge was relevant because it tended to support the defendant's contention about why he (09/17/1999)

42. 982573 City Council of Alexandria v. Lindsey Trusts 09/17/1999 A city charter authorized the city to adopt a zoning ordinance that modifies the "grandfathered" rights of property owners. The trial cou (09/17/1999)

43. 982588 Turner v. Reed 09/17/1999 The principal issue in this appeal is whether the chancellor erred in construing the term "personal property", as used in a testamentary bequest, to include only tangi (09/17/1999)

44. 982618 Hickson v. Commonwealth 09/17/1999 Defendant was convicted of arson in a bench trial and the Court of Appeals found sufficient evidence to support the conviction and affirmed the judgment of th (09/17/1999)

45. 982671 Superior Insurance Company v. Hunter 09/17/1999 The underinsured motorist provision of a tortfeasor's automobile liability insurance policy is not available to satisfy claims of passengers who (09/17/1999)

46. 990261 Yarbrough v. Commonwealth 09/17/1999 Defendant's conviction of capital murder is affirmed. The death sentence imposed in the trial court is vacated, and the case is remanded for a new penalty d (09/17/1999)

47. 990285 VYVX of Virginia v. Cassell 09/17/1999 In this appeal of an order entered by the State Corporation Commission, no error was found in the Commission's imposition of a fine upon the appellant cor (09/17/1999)

48. 990363 Orbe v. Commonwealth 09/17/1999 In a capital murder case in which the defendant murdered a gas station attendant during commission of a robbery, the circuit court imposed the death sentence. Af (09/17/1999)

49. 980612 Bass v. City of Richmond Police Dept. 06/11/1999 Three workers' compensation appeals present the question whether the Commission properly concluded that the employers failed to present sufficie (06/11/1999)

50. 980770 Lucy v. County of Albemarle 06/11/1999 A citizen-initiated petition for reversion of an independent city to town status under Code A (06/11/1999)

51. 981197 Wood v. Woolfolk Properties Inc. 06/11/1999 In this personal injury action relating to a curbside fall near a restaurant entrance at a shopping center, it was error for the circuit court to adm (06/11/1999)

52. 981673 Prospect Development Company v. Bershader 06/11/1999 In a real estate case, the chancellor's decree is affirmed insofar as it holds that defendant sellers breached the contract and committed ac (06/11/1999)

53. 981691 Robinson v. Commonwealth 06/11/1999 In a shoplifting case where the value of items stolen was established by testimony of store employees concerning the prices of the items as marked on tags, t (06/11/1999)

54. 981836 Willard v. Moneta Building Supply 06/11/1999 In a case involving sale of the assets of a closely-held corporation, the trial court correctly rejected the minority stockholder's attacks on theor (06/11/1999)

55. 981857 Coady v. Strategic Resources Inc. 06/11/1999 In a case where additional compensation was sought by a contractor under a consulting agreement, after an accord and satisfaction was reached by the (06/11/1999)

56. 981872 Moore v. Maroney 06/11/1999 The Virginia Freedom of Information Act provides that certain "official records" of public bodies are "excluded" from its disclosure requirements, including certain (06/11/1999)

57. 981878 Hitt Contracting v. Industrial Risk Insurers 06/11/1999 A suit for failure to pay a claim under a replacement coverage endorsement of an insurance policy is subject to the two-year limitations (06/11/1999)

58. 981998 Vincent v. Warden 06/11/1999 A certificate of discharge from probation supervision containing a prospective discharge date was superseded by a subsequent parole board warrant for the arrest and (06/11/1999)

59. 982018 Motley v. Tarmac 06/11/1999 The circuit court erred in denying a plaintiff's post-trial motion for a new trial because the corporate defendant designated as its agent, for purposes of Code A (06/11/1999)

60. 982070 Smith v. Colonial Ins. Co. of California 06/11/1999 In a motor vehicle insurance case in which the insured made material misrepresentations when applying for insurance, the trial court correctl (06/11/1999)

61. 982076 Hamm v. Scott 06/11/1999 In an appeal stemming from the execution of two promissory notes, the trial court erred in refusing to enforce the second note. Part of the consideration for the second (06/11/1999)

62. 982098 Sonoma Development Inc. v. Miller 06/11/1999 Because a Declaration of Restriction was part of a transaction that included transfer of an interest in the land to be benefited by the restrictive (06/11/1999)

63. 982102 Commonwealth v. Baker 06/11/1999 A judgment of the Court of Appeals, under a now-superseded version of the Code, declaring the transfer of jurisdiction from a juvenile and domestic relations di (06/11/1999)

64. 990096 Walker v. Commonwealth 06/11/1999 In a case in which the death penalty was imposed for the willful, deliberate, and premeditated killing of more than one person within a three-year period (Code (06/11/1999)

65. 981093 Industrial Alloy Fabricators v. Williams Industri 04/16/1999 In an indemnification and warranty case involving the purchase of corporate assets, the buyers appeal from a judgment in favor of se (04/16/1999)

66. 981100 North Ridge Apartments v. Ruffin 04/16/1999 In this unlawful detainer action, the trial court erred in finding that the lessee had been constructively evicted from the demised premises and that (04/16/1999)

67. 981171 Giant of Maryland v. Enger 04/16/1999 In the trial of a tort action, the circuit court erred in the language used in instructing the jury on the doctrine of respondeat superior. The judgment is (04/16/1999)

68. 981184 Gregory v. Board of Supervisors 04/16/1999 The trial court did not err in upholding a decision by a county board of supervisors denying an application for rezoning that included proffers of mon (04/16/1999)

Present: All the Justices JAMES E. GREGORY, SR., ET AL. v. Record No. 981184 OPINION BY JUSTICE BARBARA MILANO KEENAN April 16, 1999 THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY ...

69. 981185 Patterson v. Patterson 04/16/1999 The trial court properly determined that a certificate of deposit registered in the joint names of a husband and wife with right of survivorship was the sole p (04/16/1999)

70. 981246 Board of Zoning Appeals v. 852 L.L.C. 04/16/1999 In this land use controversy, the trial court did not err in reversing the county board of supervisors' decision that adopted the zoning adminis (04/16/1999)

71. 981269 Pender v. Angelone 04/16/1999 Since the facts entitled the trial court in a criminal prosecution to find defendant guilty of first degree murder, and the evidence at a habeas corpus proceeding (04/16/1999)

72. 981270 Mooring v. Virginia Wesleyan College 04/16/1999 The trial court dismissed an accidentally injured plaintiff's motion for judgment, finding that the defendant college professor was a volunteer a (04/16/1999)

73. 981313 Cooley v. Tyson Foods Inc. 04/16/1999 A discharged employee failed to present sufficient evidence to support a jury's finding that he was fired because he had intended to file a workers' compen (04/16/1999)

Present: All the Justices WALTER C. COOLEY OPINION BY JUSTICE LEROY R. HASSELL, SR. v. Record No. 981313 April 16, 1999 TYSON FOODS, INC., A NORTH CAROLINA CORPORATION FRO...

74. 981333 Alfonso v. Robinson 04/16/1999 In a traffic accident case where a tractor-trailer truck stalled in a travel lane of an interstate highway and the driver failed to deploy flares or reflective tr (04/16/1999)

75. 981335 Far East Bank v. Dang 04/16/1999 Since the record supports the chancellor's finding that purported shareholders failed to prove that they owned stock in an expropriated foreign bank, and there (04/16/1999)

76. 981365 Shalimar Development v. FDIC 04/16/1999 Since there was no evidence that negotiations between plaintiff real estate firm and potential purchasers resulted in or facilitated the ultimate sale of (04/16/1999)

77. 981387 Gray v. INOVA Health Care Services 04/16/1999 A parent who witnesses the effects of a negligent, tactile tort committed upon a child in the presence of the parent does not have a cause of actio (04/16/1999)

78. 981388 Nichols v. Kaiser Foundation Health Plan 04/16/1999 In a tort action for negligently dispensing an incorrect medication, the medical facts and medical opinion combined with lay testimony, witho (04/16/1999)

79. 981428 Holmes v. Doe 04/16/1999 In a jury trial of an automobile accident liability claim, the trial court properly permitted the introduction of expert testimony concerning the relationship between t (04/16/1999)

Present: All the Justices SAINT PAUL HOLMES OPINION BY v. Record No. 981428 JUSTICE LAWRENCE L. KOONTZ, JR. April 16, 1999 JOHN DOE FROM THE CIRCUIT COURT OF MECKLENBURG COUNTY Charles ...

80. 981454 Wagner v. Shird 04/16/1999 Because the circuit court's 30-day suspension of its final order expired without entry of a further order to extend the length of the stay, the court no longer retain (04/16/1999)

81. 981474 Yates v. Pitman Manufacturing Inc. 04/16/1999 In this products liability personal injury case, the trial court erred in holding that the plaintiff, who was not the purchaser of the product, mus (04/16/1999)

82. 981492 Sansom v. Board of Supervisors 04/16/1999 Pursuant to a county subdivision ordinance, the circuit court determined that a substantial surface drainage course is located in the area of the lando (04/16/1999)

83. 981801 Gilpin v. Joyce 04/16/1999 Since a defendant's general appearance without prior service of process waives the application of Virginia Supreme Court Rule 3:3, a trial court ruling sustaining a p (04/16/1999)

84. 981829 Phillips v. Commonwealth 04/16/1999 The Court of Appeals correctly determined that Code A (04/16/1999)

85. 981994 El-Amin v. Virginia State Bar 04/16/1999 Since the evidence heard by three-judge court supports its findings in a Virginia State Bar initiated disciplinary proceeding against a lawyer licensed (04/16/1999)

86. 980371 Rosen v. Greifenberger 02/26/1999 In a medical malpractice action, the trial court erred in giving a jury instruction on a physician's duty to continue services as long as they are necessary wh (02/26/1999)

87. 980519 Carolina Builders Corp. v. Cenit Equity Co. 02/26/1999 Since the mechanic's lien statute plainly states that the memorandum of lien shall not include sums for materials furnished more than 150 (02/26/1999)

88. 980707 Fidelity Nat'l Ins. v. Southern Heritage Ins. 02/26/1999 In this action for breach of contract the trial court did not err in sustaining, at the conclusion of the plaintiff's case-in-chief, the (02/26/1999)

Present: All the Justices FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK OPINION BY JUSTICE A. CHRISTIAN COMPTON v. Record No. 980707 February 26, 1999 SOUTHERN HERITAGE TITLE ...

89. 980712 Rivera v. Witt 02/26/1999 Because a John Doe defendant and an insured motorist later identified as the John Doe are not considered the same entity for purposes of the statute of limitations, di (02/26/1999)

Present: All the Justices SHERNETTE L. RIVERA v. Record No. 980712 OPINION BY JUSTICE ELIZABETH B. LACY February 26, 1999 JOHNNY LEE WITT FROM THE CIRCUIT COURT OF CAMPBELL COUNTY J. Samuel Johnsto...

90. 980728 Peninsula Cruise Inc. v. New River Yacht Sales 02/26/1999 Because the circuit court erred in refusing to exercise personal jurisdiction pursuant to Code A (02/26/1999)

Present: All the Justices PENINSULA CRUISE, INC. v. OPINION BY JUSTICE LEROY R. HASSELL, SR. Record No. 980728 February 26, 1999 NEW RIVER YACHT SALES, INC. FROM THE CIRCUIT COURT OF THE CITY OF NE...

91. 980731 Fairfax County Redevelopment v. Worcester Bros. 02/26/1999 Since the trial court's award of unabsorbed home office expenses to a contractor on a public construction project following an unreaso (02/26/1999)

92. 980758 Dominion Savings Bank v. Costello 02/26/1999 Because the unambiguous terms of two first mortgage notes for real estate loans provide for interest to be charged in advance, the circuit court fin (02/26/1999)

93. 980805 Asphalt Roads & Materials Co. v. Commonwealth 02/26/1999 Because a contract authorized additional compensation to a contractor for having provided additional backfill material in an excavation (02/26/1999)

94. 980813 Gordonsville Energy v. VEPCO 02/26/1999 Judgment is affirmed in part and reversed in part in a contract litigation between a large electrical power company and a generating facility that suppli (02/26/1999)

95. 980824 Commonwealth v. Delta Air Lines 02/26/1999 The circuit court's judgment refunding corporate income taxes and interest to an airline for two tax years is affirmed. A ruling holding refund claims (02/26/1999)

96. 980825 Parrish v. Worldwide Travel Service 02/26/1999 Because there was ample evidence in the record to sustain the trial court's finding that an employee was discharged for cause under an employment (02/26/1999)

97. 980828 Food Lion Inc. v. Cox 02/26/1999 Since cross-examination of a witness is not a privilege, but an absolute right, the trial court's ruling depriving a civil party of the right to cross-examine w (02/26/1999)

Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan and Koontz, JJ., and Poff, Senior Justice FOOD LION, INC. v. Record No. 980828 OPINION BY SENIOR JUSTICE RICHARD H. POFF February 26, 1999 LIN...

98. 980846 Rogers v. Rogers 02/26/1999 Because certain creditors, who obtained a judgment against a husband and a different judgment against his wife, may not compel the sale of real property owned by the (02/26/1999)

99. 980909 Glasco v. Commonwealth 02/26/1999 Because a defendant who left his vehicle before being approached by police officers was a recent occupant of the vehicle, the judgment of the Court of Appeals (02/26/1999)

100. 980913 Parish v. Spaulding 02/26/1999 In this appeal of an order adjudicating issues of child custody, visitation, and support, the trial court employed proper procedures in determining the merits of (02/26/1999)