Category: Virginia Supreme Court Opinions

482 S.E.2d 795 ALICE L. WARD v. INSURANCE COMPANY OF NORTH AMERICA, ET AL. Record No. 961338Supreme Court of Virginia. February 28, 1997 Present: Carrico, C.J., Compton, Lacy, Hassell, Keenan, and Koontz, JJ., and Poff, Senior Justice Since the courts in the Commonwealth must use calendar years and not 365-day periods when computing whether a […]

419 S.E.2d 627 RAVENWOOD TOWERS, INC., ET AL. v. EDNA M. WOODYARD 48004 Record No. 911181Supreme Court of Virginia. June 5, 1992 Present: All the Justices In a personal injury case the trial court did not err in allowing the testimony of an ophthalmologist or in refusing to rule that the plaintiff was contributorily negligent […]

173 S.E.2d 851 LEO FRANKLIN FORESTER v. COMMONWEALTH OF VIRGINIA. 42347 Record No. 7212.Supreme Court of Virginia. April 27, 1970 Present, All the Justices. (1) Criminal Procedure — Defective Indictment — Must be Questioned Before Verdict. (2) Criminal Procedure — Question Not Raised in Trial Court. 1. Although indictment under drug abuse act was imperfect, […]

415 S.E.2d 436 CATHERINE EDLOW v. ALICIA ARNOLD 47640 Record No. 910675Supreme Court of Virginia. February 28, 1992 Present: Carrico, C.J., Compton, Stephenson, Lacy, Hassell, Keenan, JJ., and Poff, Senior Justice In an automobile collision case, the jury found that the defendant had conducted herself as an ordinarily prudent person could have done under the […]

585 S.E.2d 550 SHANNON GAIL ATKINS v. ESTELLE BROWN RICE. Record No. 022479.Supreme Court of Virginia. September 12, 2003. Present: All the Justices. In a personal injury case arising from an automobile accident, the defendant made a special appearance and filed a motion to dismiss for failure of the plaintiff to serve process within one […]

677 S.E.2d 294 EILEEN M. McLANE, FAIRFAX COUNTY ZONING ADMINISTRATOR v. DEREK B. VEREEN, ET AL. Record No. 081863.Supreme Court of Virginia. June 4, 2009. Present: All the Justices. When county zoning enforcement of ordinance provisions barring residents from maintaining a “junk yard” on their premises led to a complaint in circuit court, the parties […]

104 S.E.2d 7 THOMAS K. KELLEY, SR. v. COUNTY OF BRUNSWICK. 39984 Record No. 4800.Supreme Court of Virginia. June 16, 1958 Present, All the Justices. (1) Municipal Corporations — Criminal Ordinance — Not Effective Beyond Town Limits. (2) Municipal Corporations — Concurrent Jurisdiction with Counties over Crimes — Court Not Required to Assume. (3) Former […]

171 S.E.2d 854 MARIAN W. EDWARDS, ADMINISTRATRIX, ETC. v. JUANITA BROWN JACKSON. 42293 Record No. 7031.Supreme Court of Virginia. January 19, 1970 Present, All the Justices. (1) Pleading and Practice — Negligence — Joinder of Action. (2) Evidence — Death Certificate. 1. Trial court denied plaintiff’s motion to join action for personal injury under survival […]

385 S.E.2d 561 WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC. v. CITY OF VIRGINIA BEACH 46096 Record No. 880524Supreme Court of Virginia. November 10, 1989 Present: Carrico, C.J., Compton, Stephenson, Russell, Thomas,[*] Whiting, and Lacy, JJ. [*] Justice Thomas participated in the hearing and decision of this case prior to the effective date of his resignation, November […]

165 S.E.2d 414 WILLIE SHOCKET, EXECUTOR UNDER THE LAST WILL AND TESTAMENT OF MYER TABAKEN, DECEASED, JACOB TABAKEN AND CARRIE TABAKEN v. SAMUEL SILBERMAN AND M. DAVID GRANDIS, EXECUTORS UNDER THE LAST WILL AND TESTAMENT OF JENNIE TABAKEN, DECEASED, ET AL. 42158 Record No. 6831.Supreme Court of Virginia. January 20, 1969 Present, All the Justices. […]

329 S.E.2d 13 WESTERN ELECTRIC COMPANY v. BRENDA E. GILLIAM 44787 Record No. 831835Supreme Court of Virginia. at Richmond Decided April 26, 1985 Present: All the Justices Tendonitis [tenosynovitis] with origin in repeated work movements and their trauma, is an “ordinary disease of life” to which public is exposed and, under current legislation, disability from […]

198 S.E.2d 591 ERNEST H. MOLLENAUER v. NATIONWIDE MUTUAL INSURANCE COMPANY. 42927 Record No. 8139.Supreme Court of Virginia. August 30, 1973 Present, All the Justices. Insurance Contract — Construction — Coverage. If fair reading of policy covering loss of money, inside and outside premises, would support coverage, court will effectuate coverage. Under policy naming Mollenauer, […]

418 S.E.2d 874 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION v. FAIRBROOK BUSINESS PARK ASSOCIATES 48011 Record No. 911489Supreme Court of Virginia. June 5, 1992 Present: All the Justices In this condemnation case, the trial court properly held that a property owner can use its master plan of development in its proof of damages to the […]

211 S.E.2d 48 BOARD OF SUPERVISORS OF FAIRFAX COUNTY v. ROY G. ALLMAN, TRUSTEE, ET AL. 43144 Record Nos. 730991 and 740029.Supreme Court of Virginia. January 20, 1975 Present, All the Justices. (1) Zoning — Discrimination — Timing. (2) Zoning — Separation of Powers — Judicial Disposition. 1. Record shows that Board of Supervisors denied […]

372 S.E.2d 153 JAYNE ELLETT v. GEORGE JOHNSON, M.D. 45764 Record No. 850909Supreme Court of Virginia. September 23, 1988 Present: All the Justices Where the trial court erroneously granted jury instructions making proximate cause a jury question, after defense counsel had already conceded proximate cause on the record, the judgment of the trial court is […]

176 S.E.2d 809 LEWHITE CONSTRUCTION COMPANY, INC., ET AL. v. FRANK DUNN, ADMINISTRATOR, ETC. 42398 Record No. 7266.Supreme Court of Virginia. October 12, 1970 Present, All the Justices. (1) Workmen’s Compensation — Finding of Fact by Industrial Commission. (2) Workmen’s Compensation — Coverage — Going To and From Work. (3) Workmen’s Compensation — Assigned Work […]

25 S.E.2d 249 MORTON JORDAN v. COMMONWEALTH OF VIRGINIA. Supreme Court of Virginia. Richmond Record No. 2682. April 26, 1943. Present, All the Justices. 1. PRESUMPTIONS AND BURDEN OF PROOF — Natural Consequences of Act. — A man is presumed to intend the natural consequences of his act. 2. RAPE — Attempts — Drunkenness as […]

167 S.E.2d 127 STATE HIGHWAY COMMISSIONER OF VIRGINIA v. S. J. BELL. 42203 Record No. 6946.Supreme Court of Virginia. April 28, 1969 Present, All the Justices. Condemnation — Value Enhanced by Prior Taking. Highway project design, approved December 1963, resulted in taking in October 1964 as to which landowner and Commissioner agreed on price. Thereafter […]