2004)

2. 030665 Chandler v. Graffeo 11/05/2004 In a medical malpractice case, the trial court erred in admitting a medical malpractice review panel's opinion favoring the defense and testimony of its members i (11/05/2004)

3. 032390 Board of Sup. of Fairfax v. Board of Zoning Appeals 11/05/2004 The circuit court correctly determined that a county board of supervisors had standing under Code A (11/05/2004)

Present: ALL THE JUSTICES BOARD OF SUPERVISORS OF FAIRFAX COUNTY OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 032390 November 5, 2...

4. 032444 Halifax Corporation v. Wachovia Bank 11/05/2004 In a case seeking to impose liability upon a bank relating to embezzlement of an account holder's corporate funds by its own comptroller, the tri (11/05/2004)

Present: Hassell, C.J., Kinser and Lemons, JJ., and Carrico and Russell, S.JJ. HALIFAX CORPORATION v. Record No. 032444 OPINION BY SENIOR JUSTICE HARRY L. CARRICO November 5, 2004 WACHOVIA BANK FROM ...

5. 032464 Peyton v. Commonwealth 11/05/2004 The trial court abused its discretion in revoking the suspended sentence of a defendant who had been placed in an alternative sentencing program pursuant to Co (11/05/2004)

6. 032674 Parr v. Alderwoods Group, Inc. 11/05/2004 Several contemporaneously executed contracts relating to the acquisition of a funeral home business are treated as integrated in determining the enforc (11/05/2004)

7. 032726 Alderwoods Group, Inc. v. Parr 11/05/2004 Several contemporaneously executed contracts relating to the acquisition of a funeral home business are treated as integrated in determining the enforc (11/05/2004)

Present: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Russell, S.J. CHARLES D. PARR, SR., ET AL. v. OPINION BY JUSTICE ELIZABETH B. LACY November 5, 2004 ALDERWOODS GROUP, INC., ET ...

8. 032757 Union of Needletrades v. Jones 11/05/2004 In a common law defamation action by a former local union administrator against the union, the trial court erred in failing to grant the defendant unio (11/05/2004)

9. 032758 Cowan v. Hospice Support Care 11/05/2004 The circuit court erred in sustaining a plea of charitable immunity to pleadings alleging gross negligence as well as willful and wanton negligence comm (11/05/2004)

10. 032765 Commonwealth v. Norman 11/05/2004 Sufficient evidence existed supporting a defendant's conviction for operating a motor vehicle after having been declared a habitual offender, second or subsequ (11/05/2004)

11. 032974 City of Chesapeake v. Cunningham 11/05/2004 In a case concerning a municipality's liability for injuries allegedly caused by consumption of contaminated municipal drinking water, the trial cour (11/05/2004)

12. 040002 Cunningham v. City of Chesapeake 11/05/2004 In a case concerning a municipality's liability for injuries allegedly caused by consumption of contaminated municipal drinking water, the trial cour (11/05/2004)

13. 040028 Nelson v. Commonwealth 11/05/2004 In a prosecution for sexual offenses against a minor, the Court of Appeals did not err in ruling that the trial court correctly reviewed sensitive medical reco (11/05/2004)

14. 040036 Covil v. Commonwealth 11/05/2004 The circumstances properly considered by the trial court were sufficient to support defendant's conviction for grand larceny resulting from possession of recent (11/05/2004)

15. 040116 Daniel v. Commonwealth 11/05/2004 The trial court did not err in concluding that an assault and battery charge taken under advisement for one year, and later dismissed, was not “otherwise dismi (11/05/2004)

16. 040134 Amstutz v. Everett Jones Lumber Corp. 11/05/2004 In two collected suits involving asserted prescriptive easement rights over a roadway on private land, there was not credible evidence to suppor (11/05/2004)

17. 040173 Tucker v. Commonwealth 11/05/2004 Because under Code A (11/05/2004)

18. 040218 City of Martinsville v. Commonwealth Blvd. Assoc. 11/05/2004 A taxpayer is entitled to relief under Code A (11/05/2004)

19. 040242 Inova Health System v. Grandis 11/05/2004 The circuit court erred in adjudicating matters concerning involuntary commitment of a patient to a hospital where the 180-day period of commitment per (11/05/2004)

20. 040264 McCloskey v. Kane 11/05/2004 The trial court erred in dismissing a wrongful death action against an emergency medical care provider at a state mental hospital based upon the doctrine of soverei (11/05/2004)

21. 040268 Billups v. Carter 11/05/2004 In two related actions under 42 U.S.C. A (11/05/2004)

Present: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Russell, S.J. PAULA BILLUPS OPINION BY SENIOR JUSTICE CHARLES S. ...

22. 040349 Smith v. Irving 11/05/2004 In the trial of a medical malpractice action in which the jury returned a verdict for the defendant physician, the circuit court did not abuse its discretion in refus (11/05/2004)

23. 040385 Lindeman v. Lesnick 11/05/2004 In a defamation case, the trial court did not err in refusing to strike the evidence based on a claim that the defamatory statements were made by a workers' compe (11/05/2004)

24. 040470 Austin v. Commonwealth 11/05/2004 The Court of Appeals correctly upheld the circuit court's denial of a juvenile's motion to dismiss parole revocation proceedings because under Code A (11/05/2004)

25. 040481 Level 3 Communications v. State Corp. Comm'n 11/05/2004 The judgment of the State Corporation Commission denying without prejudice an application for certificates of public convenience and nece (11/05/2004)

26. 040686 Winston v. Commonwealth 11/05/2004 No error is found upon review of three counts of capital murder and related felony convictions. Issues concerning appointment of defense experts, seating and (11/05/2004)

Present: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Russell, S.J. LEON JERMAIN WINSTON v. Record Nos. 040686 & OPINION BY JUSTICE...

27. 031299 Riner v. Commonwealth 09/17/2004 (Revised 10/06/2004) The Court of Appeals did not err in affirming a judgment under which defendant was convicted for the first degree murder of his wife, arson (09/17/2004)

28. 032105 Braddock v. Board of Supervisors 09/17/2004 (Revised 10/06/2004) In a suit challenging a locality's rezoning decision, the trial court correctly ruled that plaintiff lacked standing to initiate (09/17/2004)

29. 032239 MicroStrategy Inc. v. Li 09/17/2004 The chancellor did not err in holding that a corporate plaintiff failed to meet its burden of proving that the defendants, two former employees and one of pl (09/17/2004)

30. 032313 Dept. of Medical Assistance Serv. v. Beverly Healthcare 09/17/2004 The Court of Appeals correctly held that Code A (09/17/2004)

31. 032315 Friday-Spivey v. Collier 09/17/2004 (Revised 10/06/2004) In a personal injury action arising from a collision between plaintiff's vehicle and a fire truck, the truck driver was not entitled to (09/17/2004)

32. 032321 Gamache v. Allen 09/17/2004 In an action for medical negligence, the circuit court erred by refusing to permit defendants to cross-examine plaintiff and his witnesses on certain issues relating (09/17/2004)

Present: All the Justices DONNA J. GAMACHE, M.D., ET AL. OPINION BY CHIEF JUSTICE LEROY R. HASSELL, SR. v. Record No. 032321 September 17, 2004 CRAIG ALLEN FROM THE CIRCUIT COURT OF THE CITY OF FRED...

33. 032349 Greater Richmond Transit Co. v. Massey 09/17/2004 In a personal injury case arising out of the collision of a passenger vehicle and a city bus, the trial court properly permitted plaintiff to i (09/17/2004)

34. 032402 Powell v. Commonwealth 09/17/2004 (Revised 10/06/2004) Defendant's convictions for use of a firearm while committing three felonies in violation of Code A (09/17/2004)

35. 032533 General Motors Corp. v. Commonwealth 09/17/2004 The trial court erred in ruling that the Department of Taxation's interpretation of the term “cost of performance, (09/17/2004)

36. 032554 Allfirst Trust co. v. County of Loudoun 09/17/2004 (Revised 10/06/2004) In an annexation case, a special three-judge court erred in ruling that defects in an initial annexation petition filed w (09/17/2004)

37. 032562 Quatannens v. Tyrrell 09/17/2004 In a dispute over a narrow strip of land between adjoining landowners, the trial court erred in concluding that the plaintiffs failed to establish ownership of (09/17/2004)

38. 032572 Shoosmith Bros., Inc. v. County of Chesterfield 09/17/2004 In a dispute concerning a county's tax assessment of real property used as a landfill, the trial court did not err in concluding that (09/17/2004)

39. 032615 Frazier v. Commonwealth 09/17/2004 (Revised 09/21/2004) The Court of Appeals did not err in upholding the defendant's conviction for aiding and abetting her boyfriend's failure to appear in cou (09/17/2004)

40. 032632 Jones v. State Farm Mutual Auto. Ins. Co. 09/17/2004 (Revised 10/06/2004) The trial court correctly held that territorial limitations of the defendants' automobile insurance policies pertaining (09/17/2004)

PRESENT: All the Justices FRANK JONES, ET AL. v. Record No. 032632 OPINION BY JUSTICE G. STEVEN AGEE September 17, 2004 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL. FROM THE CIRCUIT COURT ...

41. 032707 Lowe v. Cunningham 09/17/2004 The trial court abused its discretion in denying plaintiff's motion for a mistrial in a personal injury case, where, on cross-examination, defense counsel delibera (09/17/2004)

42. 032709 American Safety Casualty Insurance Co. v. C.G. Mitchell Construction, Inc. 09/17/2004 The circuit court did not err in entering judgment in favor of a payment bond claimant and against a surety (09/17/2004)

43. 032716 Lofton Ridge LLC v. Norfolk Southern Rwy. Co. 09/17/2004 The trial court erred in dismissing with prejudice, based on the doctrine of judicial estoppel, plaintiff’s suit for declaratory and inj (09/17/2004)

44. 032805 Norton v. City of Danville 09/17/2004 (Revised 10/06/2004) In an appeal from a denial of a certificate of appropriateness required under city architectural review ordinances, the trial court la (09/17/2004)

45. 040497 Indiana Insurance Guaranty Ass'n v. Gross 07/09/2004 Defendant's motion to dismiss appeals from two orders entered by the State Corporation Commission is appropriate because the orders appealed (07/09/2004)

46. 022291 Harvey v. Warden (Order) 06/10/2004 A petition for a writ of habeas corpus challenging the validity of a post-trial certificate of DNA analysis and related test results pursuant to Code A (06/10/2004)

47. 031475 Horner v. Dept. of Mental Health 06/10/2004 In an employment dispute involving an agency of the Commonwealth and one of its employees, resolved under a now-superseded version of the statutory p (06/10/2004)

48. 031507 Jaccard v. Commonwealth 06/10/2004 Because a prior probation revocation is not admissible in the penalty determination phase of a bifurcated criminal jury trial as part of “the record of convic (06/10/2004)

49. 031537 Johnson v. Windsor Insurance Company 06/10/2004 The trial court erred in ruling under Code A (06/10/2004)

50. 031540 Christian v. Surgical Specialists of Richmond 06/10/2004 The trial court erred in refusing to qualify as an expert witness a physician called by a medical malpractice plaintiff, after hearing e (06/10/2004)

51. 031595 McGehee v. Edwards 06/10/2004 The trial court erred in concluding that the term "direct lineal descendants" used in certain inter vivos trusts created prior to 1978 includes adopted persons. Th (06/10/2004)

52. 031613 Stottlemyer v. Ghramm 06/10/2004 In a medical negligence action, the circuit court did not err in refusing to permit the plaintiff to cross-examine the defendant physician regarding alleged pri (06/10/2004)

53. 031640 Friendly Ice Cream Corp. v. Beckner 06/10/2004 In a suit to rescind a commercial lease amendment, the lessor was not entitled to a presumption of undue influence, and the chancellor erred in gr (06/10/2004)

54. 031773 Schlimmer v. Poverty Hunt Club 06/10/2004 In a personal injury suit arising from an accidental shooting at a hunt club, the trial court erred in failing to instruct the jury on the doctrine of (06/10/2004)

55. 031830 Cook v. Commonwealth 06/10/2004 Under Code A (06/10/2004)

56. 031844 Walker v. American Ass'n of Prof. Eye Care Specialists 06/10/2004 The trial court erred in concluding that an attorney, by delivering to the trial court clerk's office a pleading signed by a pr (06/10/2004)

57. 031852 Gray v. Rhoads 06/10/2004 In a case arising from the fatal shooting of plaintiff's decedent by a police officer, the circuit court erred by refusing to allow plaintiff to introduce into evidenc (06/10/2004)

58. 031907 Shilling v. Jimenez 06/10/2004 (Revised 06/29/2004) The trial court did not err in sustaining a demurrer to an action by two landowners, aggrieved by the local governing body's approval of a su (06/10/2004)

59. 031909 Waikoloa Ltd. Partnership v. Arkwright 06/10/2004 In a case involving four limited partnerships, the chancellor correctly held that dissolution occurred when a managing partner's physical condi (06/10/2004)

60. 031915 Barris v. Keswick Homes, L.L.C. 06/10/2004 The trial court erred in ruling that a lot in a residential subdivision is no longer subject to a restrictive covenant prohibiting resubdivision witho (06/10/2004)

61. 031948 Brake v. Payne 06/10/2004 After a plaintiff who lacked standing to bring an action took a nonsuit, the circuit court ruled correctly in a second action – by a proper plaintiff – in allowing a n (06/10/2004)

62. 031950 Turner v. Caplan 06/10/2004 (Revised 06/29/2004) In a case concerning whether the pasturing of a horse within a residential subdivision either violated certain restrictive covenants and excepti (06/10/2004)

63. 032014 Rose v. Jaques 06/10/2004 In a personal injury action, the trial court did not err in granting the parties the right to file, pursuant to Code A (06/10/2004)

64. 032037 Atkinson v. Penske Logistics, LLC 06/10/2004 The trial court did not err in concluding that a waiver of uninsured motorist insurance coverage higher than the statutory minimum by a single named (06/10/2004)

65. 032104 Etherton v. Doe 06/10/2004 The trial court erred in striking the plaintiff's evidence with respect to counts charging assault and willful and wanton conduct in a case arising from a non-contact (06/10/2004)

66. 032106 Green v. Goodman-Gable-Gould Co. 06/10/2004 The circuit court erred in going forward with trial of a declaratory judgment proceeding because the relief requested was a determination of a disput (06/10/2004)

Present: All the Justices JOYCE GREEN, ET AL. v. OPINION BY JUSTICE CYNTHIA D. KINSER June 10, 2004 GOODMAN-GABLE-GOULD COMPANY, INC., ET AL. FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Leslie M. Alden...

67. 032208 Carter v. Meadowgreen Associates 06/10/2004 Under applicable federal and state law relating to tenancy in an apartment subject to rent subsidization by the federal Department of Housing and Urb (06/10/2004)

68. 032213 Quadros & Associates v. City of Hampton 06/10/2004 The circuit court did not err in granting summary judgment in a breach of contract action where the terms of the agreement were plain and unam (06/10/2004)

69. 032242 Commonwealth v. Sanchez 06/10/2004 The Court of Appeals erred in finding that a hit-and-run defendant's conclusory proffer in support of a request for additional funds to secure trial testimony (06/10/2004)

70. 032252 Barrett v. Commonwealth 06/10/2004 The evidence was sufficient to sustain the defendant's conviction under Code A (06/10/2004)

71. 030965 Virginia Tech. v. Interactive Return Service 04/23/2004 The circuit court did not err in admitting evidence of consequential damages in a breach of contract action concerning assignment of inte (04/23/2004)

72. 030982 Cochran v. Fairfax Cty. Bd. of Zoning Appeals 04/23/2004 Under Code A (04/23/2004)

73. 031052 Slagle v. Hartford Insurance Company 04/23/2004 The trial court erred in denying summary judgment for an injured plaintiff, who was "using" a tractor-trailer in a manner contemplated by Code A (04/23/2004)

74. 031064 Maddox v. Commonwealth 04/23/2004 In a personal injury claim arising out of a bicycle accident, the trial court did not err in dismissing the action on grounds of sovereign immunity. The nuisan (04/23/2004)

75. 031097 Southern Floors and Acoustics v. Max-Yeboah 04/23/2004 (Revised 07/01/2004) In a personal injury action against a grocery store, the issue of contributory negligence was properly submitted to t (04/23/2004)

76. 031140 Food Lion, Inc. v. Max-Yeboah 04/23/2004 In a personal injury action against a grocery store, the issue of contributory negligence was properly submitted to the jury, but the court erred in ins (04/23/2004)

77. 031224 Maitland v. Allen 04/23/2004 (Revised 05/18/2004) The trial court correctly held that partition could not be compelled by a life tenant of certain properties as against holders of the remainder (04/23/2004)

78. 031233 Commissary Concepts Mgmt. Corp. v. Mziguir 04/23/2004 The evidence in an action for malicious prosecution was insufficient as a matter of law to support a finding that a prosecution against the (04/23/2004)

Present: All the Justices COMMISSARY CONCEPTS MANAGEMENT CORP., ET AL. v. Record No. 031233 OPINION BY JUSTICE ELIZABETH B. LACY April 23, 2004 FALAKI MZIGUIR FROM THE CIRCUIT COURT OF ARLINGTON CO...

79. 031291 Perel v. Brannan 04/23/2004 (Revised 07/01/2004) The judgment in a suit involving restrictive covenants for building set-backs and buffer areas in a residential subdivision is affirmed in part (04/23/2004)

Present: All the Justices JONATHAN PEREL, AS TRUSTEE FOR THE BALLYSHANNON TRUST, ET AL. v. Record No. 031291 OPINION BY JUSTICE DONALD W. LEMONS ...

80. 031376 Lifestar Response of Maryland v. Vegosen 04/23/2004 Plaintiff’s failure to serve the required notice along with the motion for judgment in a personal injury suit meant that defendant never rece (04/23/2004)

81. 031407 Filak v. George 04/23/2004 (Revised 07/01/2004) In an action alleging breach of contract and constructive fraud based on an insurance agent's alleged failure to procure a fire insurance policy (04/23/2004)

82. 031457 Dandridge v. Marshall 04/23/2004 In a personal injury action, the trial court erred in excluding certain testimony proffered by the plaintiff and allowing other testimony over objection. The ju (04/23/2004)

83. 031486 Video Zone, Inc. v. KF&F Properties 04/23/2004 The circuit court did not err in holding that the terms of a commercial lease required a tenant to replace certain heating, ventilation, and air c (04/23/2004)

84. 031513 Richmeade, L.P. v. City of Richmond 04/23/2004 The trial court did not err in applying the three-year limitations period of Code A (04/23/2004)

85. 031514 Jones v. Hill 04/23/2004 (Revised 07/01/2004) The trial court correctly ruled that a lien may attach to the vested interest of a remainderman who takes from a life tenant having full power to d (04/23/2004)

86. 031515 Fireman's Fund Insurance Co. v. Sleigh 04/23/2004 In a declaratory judgment proceeding, the trial court correctly concluded that an uninsured motorist's use of a car door to injure the insured (04/23/2004)

87. 031519 Bullard v. Alfonso 04/23/2004 In a personal injury case, the trial court erred in excluding evidence of lost income allegedly suffered by the plaintiff, whose employer continued to pay him his (04/23/2004)

88. 031532 Dyer v. Dairyland Insurance Co. 04/23/2004 A personal injury plaintiff's recovery for the negligence of one tortfeasor under the liability provision of a motor vehicle insurance policy did not (04/23/2004)

89. 031558 Milteer v. Commonwealth 04/23/2004 The evidence was sufficient to sustain defendant's conviction under Code A (04/23/2004)

90. 031698 Schwartz v. Commonwealth 04/23/2004 The circuit court did not err in finding defendant guilty of three counts of arson where the facts showed that two vehicles and a home were destroyed by fire (04/23/2004)

91. 031770 MacNeal v. Town of Pulaski Bd. of Zoning Appeals 04/23/2004 Under Code A (04/23/2004)

92. 031771 Bd. of Zoning of the City of Virginia Beach v. Pennington 04/23/2004 Under Code A (04/23/2004)

93. 031824 O'Neill v. Windshire-Copeland Associates 04/23/2004 In responding to a certified question of law, it is held that a personal injury plaintiff's contributory negligence in connection with a fall (04/23/2004)

94. 031867 Jackson (Jerald) v. Commonwealth 04/23/2004 (Revised 04/28/2004) An anonymous tip lacked sufficient indicia of reliability to justify an investigatory stop of a vehicle in which defendant was a (04/23/2004)

95. 040597 Orbe v. Warden Sussex State Prison (Order) 03/30/2004 A petition for writ of habeas corpus attempting to challenge the constitutionality of Virginia's lethal injection protocol is dismissed for (03/30/2004)

96. 003014 Elliott (Richard) v. Commonwealth 03/05/2004 (Revised 07/01/2004) In a proceeding remanded by the U.S. Supreme Court involving the constitutionality of Virginia's cross-burning statute, Code A (03/05/2004)

97. 030295 Gambrell v. City of Norfolk 03/05/2004 In a personal injury action involving a "slip and fall" accident on snow and ice in a municipal parking lot, the evidence was sufficient to support the ci (03/05/2004)

98. 030396 Bates v. Commonwealth 03/05/2004 In a wrongful death action against the Commonwealth under the Virginia Tort Claims Act, a notice of claim naming a university medical center was sufficient to c (03/05/2004)

99. 030461 Jerman v. Director Dept. of Corrections 03/05/2004 In a petition for a writ of habeas corpus raising claims of ineffective assistance of counsel with regard to the petitioner's conviction for a (03/05/2004)

100. 030465 AAA Disposal Services v. Eckert 03/05/2004 A confession of judgment for the amount specified in the ad damnum clause of a motion for judgment was not valid and binding under Code A (03/05/2004)

Present: All the Justices AAA DISPOSAL SERVICES, INC., ET AL. v. Record No. 030465 OPINION BY JUSTICE CYNTHIA D. KINSER March 5, 2004 JAMES R. ECKERT FROM THE CIRCUIT COURT OF FAIRFAX CO...