2012)

PRESENT: All the Justices LAURIE A. KIDDELL, ET AL. ...

2. 111870 Gibbs v. Newport News Shipbuildng & Drydock Co. 11/01/2012 The exclusivity provision of the Virginia Workers' Compensation Act, Code A (11/01/2012)

PRESENT: Kinser, C.J., Lemons, Millette, Mims, McClanahan, and Powell, JJ., and Russell, S.J. DORTHE CRISP GIBBS, EXECUTOR OF THE ESTATE OF KENNETH M. GIBBS, DECEASED v. Record No. 111870 OPINION BY S...

3. 112131 Dorr v. Clark 11/01/2012 In a petition for writ of mandamus, recharacterized by the circuit court as a habeas corpus petition, the circuit court did not err in holding that the petitioner was n (11/01/2012)

4. 112193 3232 Page Ave. Condo. Ass'n v. City of Virginia Beach 11/01/2012 In a city's suit to condemn certain easements in connection with a beach replenishment project, while alternatively claiming own (11/01/2012)

5. 112283 Transportation Insurance Co. v. Womack 11/01/2012 The circuit court erred in extending summary judgment entered against a defendant motorist to likewise bind the underinsured motorist (UIM) ins (11/01/2012)

6. 112320 Fein v. Payandeh 11/01/2012 In a declaratory judgment action seeking a ruling that a certain subdivision of land parcels was void for violation of applicable restrictive covenants, the circuit (11/01/2012)

7. 120086 Lynnhaven Dunes Condo. Ass'n v. City of Virginia Beach 11/01/2012 An authorizing ordinance fully encompassed the actions of a city in bringing a quiet title action in the nature of a condemnati (11/01/2012)

PRESENT: All the Justices LYNNHAVEN DUNES CONDOMINIUM ASSOCIATION v. Record No. 120086 OPINION BY JUSTICE CLEO E. POWELL November 1, 2012 CITY OF VIRGINIA BEACH FROM THE CIRCUIT COURT OF THE CITY OF ...

8. 120112 Brown v. Commonwealth 11/01/2012 In imposing sentence upon a defendant found guilty of three counts of robbery and three counts of using or displaying a firearm in committing those felonies, th (11/01/2012)

9. 120139 Conley v. Commonwealth 11/01/2012 In proceedings on a petition for writ of actual innocence originating in the Court of Appeals in Virginia and initially decided by a three-judge panel of that (11/01/2012)

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Russell and Lacy, S.JJ. DONALD JOSEPH CONLEY OPINION BY v. Record No. 120139 SENI...

10. 120252 Baker v. Commonwealth 11/01/2012 The Court of Appeals did not err in upholding three convictions of a defendant charged with possession of a firearm by a convicted felon under Code A (11/01/2012)

11. 120261 Shellman v. Commonwealth 11/01/2012 Under the Virginia Sexually Violent Predator Act, conduct of the annual hearing to assess the need for secure inpatient treatment for a respondent previously (11/01/2012)

12. 120347 TravCo Insurance Co. v. Ward 11/01/2012 In response to a question of law certified from the United States Court of Appeals for the Fourth Circuit pursuant to Article VI, Section 1 of the Consti (11/01/2012)

13. 120348 VanBuren v. Grubb 11/01/2012 In response to question of law certified by the United States Court of Appeals for the Fourth Circuit pursuant to Article VI, Section 1 of the Constitution of Virgi (11/01/2012)

14. 120394 Appalachian Power co. v. State Corp. Comm'n 11/01/2012 In an appeal challenging the construction and application of Code A (11/01/2012)

15. 120398 Judicial Inquiry & Review Comm'n v. Waymack 11/01/2012 In a proceeding brought by the Judicial Inquiry and Review Commission by complaint against a judge of the juvenile and domestic relations (11/01/2012)

16. 120465 Dunham v. Commonwealth 11/01/2012 Appeal from a sentencing order entered in 2010 amounted to a collateral attack on a 1998 sentencing order in a felony prosecution that was final and not appeal (11/01/2012)

17. 120519 Virginia Elec. & Power Co. v. State Corp. Comm'n 11/01/2012 In consolidated appeals arising from a final determination of the State Corporation Commission in a mandated biennial review of the r (11/01/2012)

18. 110832 Foltz v. Commonwealth 09/14/2012 In a prosecution under Code A (09/14/2012)

19. 111389 Hale v. Maersk Line Limited 09/14/2012 In a seaman's action to recover maintenance and cure as well as compensatory and punitive damages from his former employer relating to post-traumatic stre (09/14/2012)

20. 111443 Prince William County School Bd. v. Rahim 09/14/2012 The judgment of the Court of Appeals of Virginia affirming the holding of the Virginia Workers' Compensation Commission that a claimant's ch (09/14/2012)

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ., and Carrico and Russell, S.JJ. PRINCE WILLIAM COUNTY SCHOOL BOARD, ET AL. v. Record No. 111443 ...

21. 111661 Dewberry & Davis v. C3NS, Inc. 09/14/2012 In an appeal challenging a judgment in a contract action awarding the plaintiff, as the prevailing party, only nominal damages of one dollar in attorne (09/14/2012)

22. 111727 Vanover v. Commonwealth 09/14/2012 (Revised 09/14/2012) In two cases presenting questions of law pertaining to the jurisdiction of a circuit court under Code A (09/14/2012)

PRESENT: Kinser, C.J., Lemons, Goodwyn, Mims, McClanahan, and Powell, JJ., and Russell, S.J. SCOTT A. GALLAGHER v. Record No. 111720 OPINION BY SENIOR JUSTICE CHARLES S. RUSSELL September 14, 2012 ...

23. 111869 McKinney v. Virginia Surgical Associates 09/14/2012 In a medical malpractice action which was converted to a wrongful death proceeding upon the death of the plaintiff, the cause of action was t (09/14/2012)

24. 111906 Preferred Systems Solutions v. GP Consulting 09/14/2012 In a suit brought by a government contractor, arising from a subcontractor's termination of its contract with plaintiff and its subsequen (09/14/2012)

25. 111911 Tuttle v. Webb 09/14/2012 In a suit to determine a widower's elective share of his wife's estate after she died leaving a will that bequeathed her entire estate to her son by a prior marriage, (09/14/2012)

26. 111912 Virginia Polytechnic Institute v. Prosper Financial 09/14/2012 The circuit court erred in vacating a default judgment for $783,000 in a breach of contract action in which plaintiff served the o (09/14/2012)

27. 111937 Johnson v. Anis 09/14/2012 In ruling upon a habeas corpus petition relating to a motion to withdraw a guilty plea – made in a prior felony prosecution after imposition of sentence – the habeas (09/14/2012)

28. 111949 Manchester Oaks Homeowners Ass'n v. Batt 09/14/2012 Members sued a homeowners association for damages and a declaration that its parking policy and a later purported amendment to the community (09/14/2012)

29. 112070 Inova Health Care v. Kebaish 09/14/2012 In a multi-theory civil action, the circuit court did not err in allowing the plaintiff to take a nonsuit as a matter of right pursuant to Code A (09/14/2012)

30. 112096 Omega Protein, Inc. v. Forrest 09/14/2012 In a seaman's action for personal injury under the Jones Act, 46 U.S.C. A (09/14/2012)

31. 112113 Wolfe v. VEPCO 09/14/2012 In two actions seeking recovery for reduction in property values because of a public utility's construction of high-voltage electric lines for public use, the complain (09/14/2012)

Present: Kinser, C.J., Lemons, Millette, Mims, and McClanahan, JJ., and Lacy and Koontz, S.JJ. TIMOTHY BYLER v. Record No. 112112 VIRGINIA ELECTRIC AND POWER COMPANY OPINION BY SENIOR JUSTIC...

32. 112192 Kurpiel v. Hicks 09/14/2012 In an action for common law trespass alleging that defendants did not develop their land in a reasonable manner and that, as a result, storm water was directed onto (09/14/2012)

33. 111363 Booker v. Dir., Dep't of Corrections (ORDER) 06/08/2012 Upon consideration of the petition for a writ of habeas corpus filed July 27, 2011, and the respondent’s motion to dismiss, the Court is (06/08/2012)

34. 101006 Livingston v. Va. Dep't of Transportation 06/07/2012 (Revised 08/02/2012) In a suit for property damage under the Just Compensation Clause in Article I, Section 11 of the Constitution of Virgin (06/07/2012)

35. 110113 Steward v. Holland Family Properties 06/07/2012 In a suit for injuries from exposure to lead paint, the trial court did not err in sustaining demurrers filed by two landlords, because a tort du (06/07/2012)

Present: Kinser, C.J., Lemons, Millette, Mims, McClanahan and Powell, JJ., and Lacy, S.J. DONTRAL STEWARD, AN INFANT, WHO SUES THROUGH ROSA STEWARD, HIS MOTHER AND NEXT FRIEND v. Record No. 110113 OPI...

36. 110114 21st Century Systems v. Perot Sys. Gov't Services 06/07/2012 (Revised 08/02/2012) In an action on multiple theories, including breach of and interference with contract, breach of fiduciary duty (06/07/2012)

37. 110532 Belew v. Commonwealth 06/07/2012 In a criminal appeal, the Court of Appeals erred in declining to consider a transcript that was not filed within the 60-day period set forth in Rule 5A:8(a) but (06/07/2012)

38. 110650 Cline v. Dunlora South, LLC 06/07/2012 (Revised 07/31/2012) A circuit court did not err in sustaining a demurrer to negligence and nuisance claims brought by a motorist severely injured when a (06/07/2012)

39. 110820 City of Richmond v. Jackson Ward Partners 06/07/2012 (Revised 07/31/2012) In a taxpayer's challenge to city real estate taxes assessed for multiple tax years on structures located on eight tax (06/07/2012)

40. 111300 Napper v. ABM Janitorial Services 06/07/2012 (Revised 08/02/2012) In an office worker's personal injury suit, arising from a fall in the public lobby area of the building while walking to the r (06/07/2012)

41. 111314 Mansfield v. Bernabei 06/07/2012 In an appeal from dismissal upon demurrer of a defamation action arising from statements in a "draft complaint" that was circulated to interested persons shortl (06/07/2012)

42. 111377 Murayama 1997 Trust v. NISC Holdings 06/07/2012 (Revised 06/28/2012) The circuit court did not err in sustaining a demurrer to the second amended complaint filed by a trust seeking damages rela (06/07/2012)

43. 111396 Brandon v. Cox 06/07/2012 (Revised 09/26/2012) In a proceeding which began with a housing authority tenant's warrant in debt in general district court to recover a security deposit, because the (06/07/2012)

44. 111406 Barson v. Commonwealth 06/07/2012 In an appeal from a misdemeanor conviction of "harassment by computer" pursuant to Code A (06/07/2012)

45. 111439 Ilg v. United Parcel Service 06/07/2012 In Workers' Compensation Act proceedings on an employer's application to suspend benefits pursuant to Code A (06/07/2012)

Present: Kinser, C.J., Lemons, Millette, Goodwyn, and Mims, JJ., and Russell and Koontz, S.JJ. JOHN A. ILG OPINION BY SENIOR JUSTICE LAWRENCE L. KOONTZ, JR. June 7, 2012 UNITED PARCEL SERVICE, INC., E...

46. 111490 Nolte v. MT Technology Enterprises 06/07/2012 (Revised 08/02/2012) In an action by a Delaware limited liability company against multiple defendants on claims for statutory conspiracy, tortious (06/07/2012)

47. 111492 Rives v. Commonwealth (ORDER) 06/07/2012 In considering an appeal from defendant's conviction for violating Code A (06/07/2012)

48. 111548 Piney Meeting House Investments v. Hart 06/07/2012 In an injunction action relating to alleged interference with use of an easement, the circuit court erred in sustaining certain exceptions to (06/07/2012)

49. 111563 Turner, Mario L v. Commonwealth 06/07/2012 In a prosecution on charges of aggravated malicious wounding in violation of Code A (06/07/2012)

PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette and Mims, JJ., and Lacy and Koontz, S.JJ. MARIO LAMAR TURNER OPINION BY v. Record No. 111563 JUS...

50. 111569 Rushing v. Commonwealth 06/07/2012 (Revised 06/13/2012) In appeal from convictions for participation in a criminal street gang in violation of Code A (06/07/2012)

51. 111658 Town of Leesburg v. Long Lane Associates 06/07/2012 In litigation challenging the rezoning of certain property, the circuit court erred in finding that a locality needs the consent of a neighbo (06/07/2012)

52. 111771 Giordano v. McBar Industries, Inc. 06/07/2012 In a wrongful death action, the circuit court did not err in holding that the exclusive remedy provision of the Virginia Workers’ Compensation Act, (06/07/2012)

53. 111805 Hill v. Fairfax County School Board 06/07/2012 In proceedings under the Virginia Freedom of Information Act, Code A (06/07/2012)

54. 111956 Gleason v. Commonwealth 06/07/2012 In the statutorily-mandated review of two death sentences under Code A (06/07/2012)

55. 110349 Thorpe v. Ted Bowling Construction 05/04/2012 In a claim for workers' compensation benefits brought by the widow of a man who was killed while performing work on a single task for which he was (05/04/2012)

56. 110380 Russell Realty Associates v. Russell 04/20/2012 In an action seeking judicial dissolution and winding up of a partnership pursuant to Code A (04/20/2012)

57. 110394 Arnold v. Wallace 04/20/2012 In a personal injury suit arising from an automobile collision, a sufficient foundation was laid for admission of the plaintiff's "medical chart" through testimony (04/20/2012)

58. 110410 Professional Bldg. Maintenance Corp. v. School Board 04/20/2012 In a lawsuit asserting causes of action under the Virginia Public Procurement Act, Code A (04/20/2012)

Present: All the Justices PROFESSIONAL BUILDING MAINTENANCE CORPORATION v. Record No. 110410 OPINION BY JUSTICE ELIZABETH A. MCCLANAHAN April 20, 2012 SCHOOL BOARD OF THE COUNTY OF SPOTSYLVANIA FRO...

59. 110433 Keith v. Lulofs 04/20/2012 (Revised 04/23/2012) In a challenge to probate of a will, the circuit court did not err in ruling that the party challenging the will failed to prove by clear and sat (04/20/2012)

60. 110485 Laws v. McIlroy 04/20/2012 In related personal injury actions arising from a vehicular accident, the circuit court erred in granting the defendants' motions to dismiss and plea in bar after the (04/20/2012)

61. 110669 PBM Nutritionals v. Lexington Insurance Company 04/20/2012 (Revised 04/23/2012) In a declaratory judgment action by a manufacturer of infant formula that was premised on several policies of ins (04/20/2012)

62. 110692 Cattano v. Bragg 04/20/2012 In a suit brought by one member of a two-person legal professional corporation, where the totality of circumstances showed that the plaintiff fairly and adequately r (04/20/2012)

63. 110733 Seabolt v. County of Albemarle 04/20/2012 The circuit court lacked subject matter jurisdiction to hear a tort claim against a county arising from the alleged failure to maintain a public park, (04/20/2012)

64. 110754 Burns v. Gagnon 04/20/2012 In a suit alleging negligence and gross negligence against an assistant high school principal for failure to prevent an attack upon the plaintiff by a fellow student, (04/20/2012)

65. 110849 Orthopedic & Sports P.T. Assocs. v. Summit Group Properties 04/20/2012 In a lawsuit brought by a limited liability company that owned a medical office building asserting claims for breach of a (04/20/2012)

66. 110967 Mathews v. PHH Mortgage Corp. 04/20/2012 (Revised 05/01/2012) A landowner who has breached a deed of trust by failing to make payments as required under the associated note may nevertheless enf (04/20/2012)

PRESENT: All the Justices RICHARD MATHEWS, ET AL. OPINION BY v. Record No. 110967 ...

67. 111067 Environmental Staffing Corp. v. B & R Construction Mgmt. 04/20/2012 (Revised 04/24/2012) In a sub-subcontractor's action for payment, based on a claim that the plaintiff was a third-party benef (04/20/2012)

68. 111144 Deerfield v. City of Hampton 04/20/2012 In a declaratory judgment proceeding against a city and a developer, brought by a committee of citizens initially constituted pursuant to a city charter (04/20/2012)

69. 111497 Wyatt v. McDermott 04/20/2012 (Revised 04/24/2012) In response to questions of law certified to the Court by the United States District Court for the Eastern District of Virginia, pursuant to A (04/20/2012)

70. 091615 Porter v. Warden (Habeas Corpus Order) 03/02/2012 In a petition for a writ of habeas corpus filed by a prisoner convicted of capital murder, a firearms offense and grand larceny, considering pr (03/02/2012)

71. 102138 Christy v. Mercury Casualty Company 03/02/2012 In an action by an insured to recover for medical expenses incurred under an automobile insurance policy, the circuit court correctly determined t (03/02/2012)

72. 102144 Bowman v. Concepcion 03/02/2012 In a medical malpractice action, the requirement for a plaintiff to obtain service of process on a defendant within 12 months of filing an action, Code A (03/02/2012)

Present: Kinser, C.J., Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Koontz, S.J. JACQUELINE BOWMAN v. Record No. 102144 OPINION BY SENIOR JUSTICE LAWRENCE L. KOONTZ, JR. March 2, 2012 NICANO...