2001)

Present: All the Justices ROBERT BOSLEY, ET AL. v. OPINION BY JUSTICE BARBARA MILANO KEENAN November 2, 2001 MICHAEL A. SHEPHERD, et al. Record No. 002735 FROM THE CIRCUIT COURT OF THE CITY OF VIRG...

2. 002770 Tonti v. Akbari 11/02/2001 The trial court erred in awarding attorney's fees against a party after denying the party's motions to quash subpoenas duces tecum issued to non-parties. That aspect (11/02/2001)

3. 002776 Shepard v. Capitol Foundry 11/02/2001 In a wrongful death action, the circuit court erred in remitting portions of a jury verdict for the plaintiff. Because the circuit court failed to consider (11/02/2001)

4. 002784 Pyramid Development v. D&J Associates 11/02/2001 The trial court erred in finding language of a deed ambiguous and in permitting the introduction of parol evidence concerning an easement convey (11/02/2001)

5. 002794 Brown v. Sparks 11/02/2001 The trial court erred in granting summary judgment based on the existence of an accord and satisfaction when there was a material conflict in the evidence. The judgme (11/02/2001)

6. 002810 Tran v. Gwinn 11/02/2001 The trial court correctly concluded that a zoning ordinance prohibiting use of property in a residential district as a place of worship without a special use permit is (11/02/2001)

7. 002813 Chesapeake Hospital v. Commonwealth 11/02/2001 The trial court correctly found that certain food prepared by a hospital and provided free of charge was directly related to the hospital's main p (11/02/2001)

8. 002839 Turner v. Thiel 11/02/2001 In a medical malpractice case, the trial court abused its discretion by permitting the defendants to call as an expert witness an individual previously retained by pl (11/02/2001)

9. 002865 Patten v. Commonwealth 11/02/2001 The trial court did not err in dismissing a wrongful death action alleging negligent medical treatment of a patient committed to a state mental institution, be (11/02/2001)

10. 002873 Decipher Inc. v. iTRiBE Inc. 11/02/2001 The trial court did not commit reversible error in holding that the defendant corporation failed to carry its burden of proof on a breach of contract cou (11/02/2001)

Present: All the Justices DECIPHER, INC. v. Record No. 002873 OPINION BY JUSTICE ELIZABETH B. LACY November 2, 2001 iTRiBE, INC. FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Leonard B. Sachs, Judg...

11. 002927 Grisso v. Nolan 11/02/2001 A decedent's former spouse had no standing to petition the circuit court to have her body disinterred and reburied in accord with what he contended was the decedent's (11/02/2001)

12. 002942 Chesterfield County v. Stigall 11/02/2001 On the facts of this case, Code A (11/02/2001)

Present: All the Justices CHESTERFIELD COUNTY OPINION BY v. Record No. 002942 JUSTICE LAWRENCE L. KOONTZ, JR. November 2, 2001 MARGARET B. STIGALL, TRUSTEE, ET AL. FROM THE CIRCUIT COURT OF CHESTER...

13. 003012 Lambert v. Downtown Garage Inc. 11/02/2001 The trial court did not err in granting a motion to strike plaintiff's evidence on claims for common law fraud and violation of the Virginia Consumer (11/02/2001)

14. 003017 Anderson v. Dillow 11/02/2001 In this tort claim seeking recovery for personal injuries sustained in a work environment, the plaintiff's action is barred by the exclusivity provision of the Vir (11/02/2001)

15. 003022 Cha v. Korean Presbyterian Church 11/02/2001 The trial court correctly held that the First Amendment to the Constitution of the United States and Article I, A (11/02/2001)

16. 003030 Didato v. Strehler 11/02/2001 In these consolidated appeals in two related medical negligence actions, plaintiffs failed to plead cognizable causes of action under the doctrines governing speci (11/02/2001)

17. 003033 Commonwealth v. Williams 11/02/2001 The Court of Appeals erred in reversing the circuit court's judgment on the ground that failure to grant a felony defendant's request for a jury trial denied (11/02/2001)

18. 003042 Vaughn Inc. v. Beck 11/02/2001 The trial court correctly held that, under Code A (11/02/2001)

Present: Lacy, Hassell, Keenan, Koontz, Kinser, and Lemons, JJ., and Stephenson, S.J. VAUGHN, INC. v. OPINION BY JUSTICE BARBARA MILANO KEENAN November 2, 2001 HOWARD J. BECK, JR., ET AL. Record No. 0...

19. 010071 Commonwealth v. Sands 11/02/2001 The trial court ruled correctly in refusing to give a requested jury instruction on self-defense in a spousal murder case, and the Court of Appeals' judgment to (11/02/2001)

20. 010091 Scates v. Commonwealth 11/02/2001 The Court of Appeals and the trial court erred in approving the admission of evidence of other crimes in the trial of a prosecution for grand larceny and break (11/02/2001)

21. 010123 Black v. Commonwealth 11/02/2001 Code A (11/02/2001)

22. 010193 Hills v. Commonwealth 11/02/2001 A ruling of the Court of Appeals requiring voir dire questioning of prospective jurors concerning their knowledge of parole ineligibility is reversed, and this (11/02/2001)

23. 010227 Zirkle v. Commonwealth 11/02/2001 Upon review pursuant to Code A (11/02/2001)

24. 010456 Short Pump Town Center v. Hahn 11/02/2001 Because a community development authority was not authorized to bring a bond validation action under the Public Finance Act, the judgment of the circui (11/02/2001)

25. 010471 Weathers v. Commonwealth 11/02/2001 The Court of Appeals of Virginia correctly affirmed a trial court's action in admitting evidence of defendant's prior convictions in a drug prosecution upon (11/02/2001)

26. 010600 Bloom v. Commonwealth 11/02/2001 In a case involving an attempt to take indecent liberties with a child and solicitation to commit sodomy, the trial court did not err in admitting into evidence (11/02/2001)

27. 010686 Barrett v. Commonwealth 11/02/2001 The trial court abused its discretion in refusing to strike a prospective juror whose brother, a police officer, was a witness for the prosecution in two cons (11/02/2001)

28. 010692 Tidwell v. Virginia State Bar 11/02/2001 The Virginia State Bar Disciplinary Board did not err in revoking appellant's license to practice law pursuant to the provisions of Part Six, A (11/02/2001)

29. 001798 Patterson v. Commonwealth 09/14/2001 Upon finding no error in the proceedings below and no reason to set aside the sentence of death, the judgment of the trial court in this capital murder case (09/14/2001)

30. 001947 Goldman v. Landsidle 09/14/2001 Because the petitioners seeking a writ of mandamus against the Commonwealth cannot identify a statutory right permitting them to seek this relief, and because th (09/14/2001)

31. 002120 Fritts v. Carolinas Cement Co. 09/14/2001 The trial court did not err in holding that a cement company's proposed cement and flyash terminal is a warehousing and distribution facility permitted (09/14/2001)

32. 002184 Parker-Smith v. Sto Corp. 09/14/2001 In a case involving a synthetic exterior finishing product used in construction, the circuit court correctly found that the period of limitation in Code A (09/14/2001)

33. 002253 Virginia Retirement System v. Avery 09/14/2001 Since service of process upon an opposing party is not a requirement for perfecting appeal of an administrative agency's decision, the circuit cou (09/14/2001)

PRESENT: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Whiting, S.J. VIRGINIA RETIREMENT SYSTEM v. Record No. 002253 OPINION BY SENIOR JUSTICE HENRY H. WHITING September 14, 2001 ...

34. 002255 Peck v. Safway Steel Products Inc. 09/14/2001 The trial court did not err in ruling that the plaintiff's wrongful death action is barred by the exclusivity provision of the Virginia Workers' Co (09/14/2001)

35. 002266 Zirkle v. Commonwealth 09/14/2001 In review of a death sentence pursuant to Code A (09/14/2001)

36. 002301 Nelson v. Warden 09/14/2001 In an original habeas corpus application, the petitioner did not preserve the error in a juvenile court's failure to give his father notice of proceedings and did no (09/14/2001)

37. 002337 Harris v. Commonwealth 09/14/2001 The trial court erred in failing to suppress evidence obtained as a result of police stopping a suspect based on an anonymous tip about the conduct of drug tra (09/14/2001)

38. 002354 Willard v. Moneta Building Supply 09/14/2001 The trial court erred in determining that a stockholder's motion for judgment against a corporation was subject to the two-year catch-all limitation (09/14/2001)

39. 002414 Bhatia v. Mehak Inc. 09/14/2001 In consolidated personal injury actions, the trial court erred in sustaining pleas of charitable immunity on behalf of a restaurant business and its co-owners fo (09/14/2001)

40. 002415 Lamar Corp. v. Commonwealth Transp. Comm'r 09/14/2001 In a condemnation proceeding, the trial court's exclusion of certain expert testimony denied the plaintiff tenant its right under Code A (09/14/2001)

41. 002420 Kidd v. Gunter 09/14/2001 The trial court correctly held that even though a decedent clearly had testamentary intent in creating a journal, she did not make it manifest that her name on the ins (09/14/2001)

42. 002459 Lombard v. Rohrbaugh 09/14/2001 In a personal injury case, the trial court did not err in permitting reference to insurance in connection with bias impeachment of a defense expert, or in enforc (09/14/2001)

Present: All the Justices RALPH D. LOMBARD v. Record No. 002459 DORSEY W. ROHRBAUGH OPINION BY JUSTICE DONALD W. LEMONS September 14, 2001 VIRGINIA FARM BUREAU MUTUAL INSURANCE COMPANY v. Record No...

43. 002485 Stockdale v. Stockdale 09/14/2001 The Court of Appeals correctly held that the trial court's statement that the respondent father bore the burden of showing by a preponderance of the evidence t (09/14/2001)

44. 002499 Radvany v. Davis 09/14/2001 In a personal injury case, the trial court did not err in refusing to allow the introduction into evidence of the amounts accepted by health care providers for the m (09/14/2001)

45. 002536 Grimes v. Suzukawa 09/14/2001 A plaintiff who alleged intentional tort causes of action against defendant arising from a masked, sexual assault, was not entitled to rely upon the tolling provis (09/14/2001)

46. 002550 Jeneary v. Commonwealth 09/14/2001 The trial court incorrectly applied sections of the Workers' Compensation Act to claims made by the Uninsured Employer's Fund and a health care provider again (09/14/2001)

47. 002574 Jefferson Green Unit Owners Assoc. v. Gwinn 09/14/2001 Although the circuit court erred in finding that a zoning proffer making recreational facilities available to a condominium by requiring p (09/14/2001)

Present: All the Justices JEFFERSON GREEN UNIT OWNERS ASSOCIATION, INC. v. Record No. 002574 OPINION BY JUSTICE CYNTHIA D. KINSER September 14, 2001 JANE W. GWINN, FAIRFAX COUNTY ZONING AD...

48. 002605 Clark v. Commonwealth 09/14/2001 An accused has no right to a physical examination of the victim in a statutory rape case, and the judgment of the Court of Appeals upholding a defendant's convi (09/14/2001)

49. 002615 Caine v. NationsBank 09/14/2001 A financial institution did not breach its statutory or contractual duties when it allowed one party to a joint account unilaterally to add another party to the (09/14/2001)

50. 002802 McMillion v. Dryvit Systems Inc. 09/14/2001 The circuit court correctly ruled that the limitation period in Code A (09/14/2001)

Present: All the Justices CHARLES MCMILLION, ET AL. v. Record No. 002802 DRYVIT SYSTEMS, INC. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Marcus D. Williams, Judge OPINION BY JUSTICE CYNTHIA D. KINSER ...

51. 002816 Megel v. Commonwealth 09/14/2001 In an appeal of a firearms conviction where the controlling issue was failure of the trial court to suppress items seized in a warrantless search of defendant's (09/14/2001)

52. 002866 Commonwealth v. Southerly 09/14/2001 Under the circumstances of this case, the Court of Appeals should have transferred defendant's appeal to this Court. Without such a transfer, jurisdiction i (09/14/2001)

53. 002894 Transcontinental Insurance Co. v. RBMW Inc. 09/14/2001 The trial court erred in ruling that an exclusion in a piers, wharfs, and docks coverage form of an insurance policy did not apply to stor (09/14/2001)

Present: All the Justices TRANSCONTINENTAL INSURANCE COMPANY v. Record No. 002894 RBMW, INC., t/a JORDAN POINT YACHT HAVEN, et al. OPINION BY JUSTICE DONALD W. LEMONS September 14, 2001 ROBINS INSU...

54. 010161 Yarbrough v. Commonwealth 09/14/2001 There is no reversible error in a re-sentencing proceeding that resulted in imposition of the sentence of death upon the defendant. Upon review of the sente (09/14/2001)

55. 010579 Remington v. Commonwealth 09/14/2001 Upon review of a sentence of death, no reversible error is found. There is no reason to commute the death sentence, and the judgment of the circuit court is (09/14/2001)

56. 001133 Whiting v. Whiting 06/08/2001 Since no challenge was made within 21 days of its entry, a final decree of divorce remained in full force and effect. The award of spousal support was terminated w (06/08/2001)

VIRGINIA: In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Friday, the 8th day of June, 2001. Darrell Lee Whiting, against Record No. 001133 Court of Appe...

57. 001371 County of Giles v. Wines 06/08/2001 Because a county employee had only a contract of employment that was terminable at-will, it was error to confirm a jury verdict for the employee in his emplo (06/08/2001)

58. 001615 Pfeifer v. Krauss Construction Co. 06/08/2001 Under the exclusive remedy provision of the Virginia Workers' Compensation Act, a common-law claim brought by an employee of one subcontractor on a (06/08/2001)

59. 001622 Rappahannock Pistol and Rifle Club v. Bennett 06/08/2001 The trial court properly held that the plaintiff failed, as a matter of law, to prove that the defendants tortiously interfered with pla (06/08/2001)

60. 001711 Nelson v. Davis 06/08/2001 The trial court erred in dissolving a temporary injunction and denying a permanent injunction relating to interference with the plaintiffs' use of a gravel driveway o (06/08/2001)

61. 001712 Ponirakis v. Choi 06/08/2001 In a medical malpractice action the trial court erred in instructing the jury on the defense of contributory negligence because there was no evidence to support tha (06/08/2001)

Present: All the Justices SOTIRI PONIRAKIS v. Record No. 001712 OPINION BY JUSTICE BARBARA MILANO KEENAN June 8, 2001 DAVID CHOI, M.D. FROM ...

62. 001729 Connell v. Kersey 06/08/2001 In response to a petition for a writ of mandamus under the Virginia Freedom of Information Act to compel a Commonwealth's Attorney to produce records related to an (06/08/2001)

Present: All the Justices JAMES G. CONNELL, III v. Record No. 001729 OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. June 8, 2001 ANDREW KERSEY FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Jane Marum Roush...

63. 001740 Vaughan's Landscaping v. Dodson 06/08/2001 In a workers' compensation claim, the Commission correctly concluded that the claimant's injuries arose out of and in the course of his employment, an (06/08/2001)

64. 001773 McDonald v. National Enterprises Inc. 06/08/2001 The trial court did not err in entering judgment against a loan guarantor where the plaintiff was not in possession of the original note. Neithe (06/08/2001)

65. 001795 Shackleford v. Commonwealth 06/08/2001 On appeal by a juvenile tried as an adult in circuit court for drug-related offenses, there is no merit to arguments that the trial court lacked jurisdict (06/08/2001)

66. 001849 T.L. Garden & Associates v. First Savings Bank 06/08/2001 In a case concerning a bank's agreement to reserve funds generated during a construction project for payment of a subcontractor's equip (06/08/2001)

67. 001881 Commonwealth v. Huynh 06/08/2001 In exercising the authority granted by Code A (06/08/2001)

68. 001887 Flora v. Shulmister 06/08/2001 A trial court abused its discretion by imposing monetary sanctions in a medical malpractice and wrongful death case for failure of a litigant's counsel to produce (06/08/2001)

69. 001914 Ohio Casualty Insurance v. State Farm Fire & Casua 06/08/2001 In a coverage dispute between two insurance carriers, arising from the damage by fire of two homes under construction by the same b (06/08/2001)

70. 001919 The Investor Associates v. Copeland 06/08/2001 The trial court committed no error in deciding a controversy among partners of a Virginia general partnership concerning the proper statute of lim (06/08/2001)

71. 001927 City of Bedford v. Zimmerman 06/08/2001 In a negligence personal injury case against a locality, the jury could have found from the evidence that the plaintiff's conduct was reasonable, and the (06/08/2001)

Present: All the Justices CITY OF BEDFORD v. Record No. 001927 OPINION BY JUSTICE LEROY R. HASSELL, SR. June 8, 2001 GUY DUVALL ZIMMERMAN FROM THE CIRCUIT COURT OF BEDFORD COUNTY James W. Updike, J...

72. 001940 Motion Control Systems Inc. v. East 06/08/2001 The trial court correctly held that a covenant not to compete executed by an employee was overbroad and unenforceable and that judgment is affirme (06/08/2001)

73. 001944 Halifax Corp. v. First Union National Bank 06/08/2001 Where an employee embezzled millions of dollars and the company charged that a bank was liable for paying numerous checks drawn with facsim (06/08/2001)

74. 002010 Molchon v. Tyler 06/08/2001 In a wrongful death action alleging medical malpractice in the negligent discharge of a psychiatric patient who subsequently committed suicide, the trial court prope (06/08/2001)

75. 002058 Johnson v. Cauley 06/08/2001 Because the record supports the trial court's finding that a decedent had lodged her testamentary instruments with counsel, and thereafter did not have access to th (06/08/2001)

76. 002073 Weitz v. Hudson 06/08/2001 In an interlocutory appeal pursuant to Code A (06/08/2001)

77. 002112 Clay v. Commonwealth 06/08/2001 In a first-degree murder prosecution, the trial court did not commit reversible error in (1) allowing certain evidence under the state-of-mind exception to the h (06/08/2001)

78. 002143 Gardner v. Commonwealth 06/08/2001 In a prosecution for obtaining money by false pretenses, a fatal variance existed between the averment in the indictment that the money was the property of a (06/08/2001)

79. 002183 Flippo v. CSC Associates 06/08/2001 There was no abuse of discretion in the trial court judgment, nor was there reversible error in holding one member of a limited liability company liable for (06/08/2001)

80. 002242 Powell v. Commonwealth 06/08/2001 Upon rehearing, a conviction for capital murder is reversed, the related convictions are affirmed, and the case remanded for prosecution on charges no greater (06/08/2001)

81. 002976 Green v. Commonwealth 06/08/2001 In a capital murder trial the circuit court abused its discretion in refusing to remove two members from the venire. The judgment confirming the capital murder (06/08/2001)

82. 003010 Schmitt v. Commonwealth 06/08/2001 Upon a review of the capital murder conviction and death sentence imposed on defendant for murder committed during a bank robbery, along with his several non- (06/08/2001)

83. 002146 Magco of Maryland Inc. v. Barr 05/11/2001 Since there was an independent basis for the judgment below which was not challenged on appeal, the merits of assignments of error to another basis for (05/11/2001)

84. 000566 Dorsey v. Angelone 04/20/2001 In a habeas corpus proceeding, the trial court correctly ruled that a prisoner's second petition for a writ of habeas corpus was procedurally barred under Code A (04/20/2001)

85. 000785 Simmons v. Miller 04/20/2001 The trial court did not err in ruling on individual and derivative claims brought by a shareholder in a closely held corporation, claims for statutory conspiracy un (04/20/2001)

86. 001072 Bertozzi v. Hanover County 04/20/2001 In a land use dispute, the trial court erred in ruling that a local planning commission's disapproval of applications and plats for a subdivision properly (04/20/2001)

87. 001073 Shelor Motor Co. v. Miller 04/20/2001 In a declaratory judgment suit the chancellor erred in holding that certain merchants' capital that was removed temporarily from a county before the "tax d (04/20/2001)

88. 001074 Prosise v. Foster 04/20/2001 The trial court correctly held that an on-call attending physician for a teaching hospital had no physician-patient relationship with a patient in the absence of di (04/20/2001)

89. 001079 Edmunds v. CBC Enterprises Inc. 04/20/2001 The circuit court did not err in ruling that there was insufficient evidence to establish that the subcontractor had assigned to plaintiff funds due i (04/20/2001)

90. 001203 Lostrangio v. Laingford 04/20/2001 The trial court erred in sustaining a plea in bar of sovereign immunity under Code A (04/20/2001)

91. 001204 Stout v. Bartholomew 04/20/2001 In an action arising out of an accident between a motorcycle and a dog, the circuit court did not err in refusing to grant an instruction on negligence per se, i (04/20/2001)

92. 001349 Allstate Insurance Co. v. Jones 04/20/2001 The trial court correctly ruled that a passenger in a car that was insured at the time of an accident is entitled to enforce a judgment entered agains (04/20/2001)

93. 001350 AEGIS Waste Solutions v. Concerned Taxpayers 04/20/2001 Since there was substantial evidence in the agency record upon which the Department of Environmental Quality as the trier of the facts co (04/20/2001)

94. 001364 Alexakis v. Mallios 04/20/2001 There was no error in the trial court's dismissal of consolidated legal and equitable proceedings because a settlement agreement recited in open court was valid a (04/20/2001)

95. 001386 Adams Outdoor Advertising v. Bd. of Zoning 04/20/2001 The trial court correctly ruled that a board of zoning appeals did not have authority to grant a variance from an ordinance governing modif (04/20/2001)

96. 001484 Board of Supervisors v. McDonald's Corp. 04/20/2001 A trial court erred in reversing the decision of a county board of supervisors to deny a special zoning exception for a fast-food restaurant (04/20/2001)

97. 001558 Russell v. Commonwealth 04/20/2001 In a condemnation proceeding, evidence of a prior valuation of certain condemned property for tax assessment purposes was properly admissible to impeach an ap (04/20/2001)

98. 002003 Burlile v. Commonwealth 04/20/2001 In a capital murder case, the Court of Appeals properly held that the trial court did not err in failing to instruct the jury that in order to convict the def (04/20/2001)

Present: All the Justices CHRISTOPHER ALLEN BURLILE v. Record No. 002003 OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. April 20, 2001 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA I...

99. 002613 Adams v. Alliant Techsystems 04/20/2001 In response to certified questions of law from a federal district court, it is held that the Virginia Workers' Compensation Act does not bar a plaintiff (04/20/2001)

100. 000509 Mattaponi Indian Tribe v. Commonwealth 03/02/2001 In environmental litigation arising under laws dealing with the quality of state waters, the protesters of the actions involved have standing t (03/02/2001)

Present: Carrico, C.J., Lacy, Keenan, Koontz, and Kinser, JJ., and Compton, S.J. MATTAPONI INDIAN TRIBE, ET AL. v. Record No. 000509 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF ENVIRONMENTAL QUA...