OPINION BY Justice WILLIAM C. MIMS. In this appeal, we consider whether a "non-compete" provision in an employment agreement is overbroad and therefore unenforceable. I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW Justin Shaffer was an employee of Home Paramount Pest Control Companies, Inc. ("Home Paramount"). In January 2009, he signed an employment agreement containing the following provision ("the Provision"): The Employee will not engage directly or indirectly or concern himself/herself...
Opinion by Justice S. BERNARD GOODWYN. In this appeal, we consider whether the 20-year limitation on the enforcement of a judgment, stated in Code 8.01-251(A), bars an attempt to collect child support arrearages created at least 24 years earlier when a spouse failed to make ongoing child support payments as ordered in a final divorce decree. Background The parties were divorced by a final decree entered in the Corporation Court of the City of Alexandria on October 20, 1966. The final...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider whether the circuit court abused its discretion in excluding the plaintiff's expert witnesses because of her failure to obey its pretrial orders. We conclude that it did not and therefore affirm its judgment. I. Background In February 2009, Kasey A. Landrum, represented by out-of-state counsel from St. Louis, Missouri, admitted pro hac vice, 1 sued Chippenham and Johnston-Willis Hospitals, Inc. 2 and Dr. John C. Deitrick (...
Opinion by Justice ELIZABETH A. McCLANAHAN. The Virginia Department of Rail and Public Transportation (DRPT) entered into an agreement, pursuant to the Rail Enhancement Fund created by Code 33.1-221.1:1.1, to grant funds to Norfolk Southern Railway Company (Norfolk Southern) for the development of an "intermodal" terminal in Montgomery County. The terminal would serve as a transition point for shifting the transportation of freight by road to shipment by rail, and vice versa. Opposing the...
Opinion by Justice WILLIAM C. MIMS. In this appeal, we consider whether the adoption of an adult has the same effect as the adoption of a minor, and particularly for purposes of intestate succession. I. FACTS AND MATERIAL PROCEEDINGS BELOW Justine Critzer ("Critzer"), a Virginia resident, died intestate on March 31, 2006. No spouse, siblings, children, or parents survived her. Nancy Donak ("Donak") was appointed administratrix of her estate. Donak could not locate a will. Initially she...
Opinion by Justice S. BERNARD GOODWYN. In this appeal, we consider whether an easement agreement granting "exclusive use," without stating the purpose or purposes for which the easement may be used, permits the owner of the dominant estate to bar the owner of the servient estate from reasonable use of the easement area as a matter of law. Background McCarthy Holdings LLC (McCarthy) filed a complaint against Vincent W. Burgher, III (Burgher) in the Circuit Court of the City of Alexandria,...
Opinion by Justice DONALD W. LEMONS. In these appeals arising out of two cases consolidated in the Circuit Court of Henrico County (the "trial court"), we consider whether the trial court erred when it held that the provisions of Code 55-401 et seq. (Virginia's "Slayer Statute"), in effect on the date of the decedent's death, govern the distribution of the decedent's estate in this case. I. Facts and Proceedings Below 1 Sometime between June 29 and July 11, 2005, Collette Lynn Lockard ("...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider whether the Court of Appeals erred when it reversed the judgment of the Circuit Court of Rockingham County and dismissed the petition for adoption filed by Lucretia Putnam Copeland ("Copeland"). I. Facts and Proceedings Below On April 11, 2003, Leslie Renee Todd ("Todd") gave birth to a female child who is the subject of this petition for adoption. At the time, Todd was incarcerated at Rockingham County Regional Jail for felony...
Opinion By Justice LEROY F. MILLETTE, JR. In this appeal, we consider whether Fox Rest Associates, L.P. (Fox Rest) presented sufficient evidence in its case in chief to establish a prima facie case for its claims of fraudulent conveyance and voluntary conveyance under Code 55-80 and 55-81, respectively. We hold that, except for a portion of the claims relating to the sale of certain equipment, Fox Rest did so and therefore reverse the circuit court's judgment granting the defendants' motion...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider whether a limited liability company ("LLC") must be joined as a necessary party in a derivative action brought by a member. I. Facts and Proceedings In 1998, Motel Investments of Christiansburg, LLC ("MIC") was formed for the purpose of building and operating a hotel in Christiansburg, Virginia. The original members of MIC were the Michael E. Siska Revocable Trust ("the Trust"), by Michael Siska ("Siska"), trustee, Thomas E....
Opinion by Justice LEROY F. MILLETTE, JR. In this appeal, we consider two issues. First, whether the circuit court erred in barring the jury from considering whether an insurer discovered a claim under an insured's policy in early 2005 when the plaintiff's amended complaint only alleged that the insurer discovered the claim in 2004. Second, whether the circuit court erred in ruling as a matter of law that an insured's notice of a claim to its insurer was not made "as soon as is practical," as...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider whether the Circuit Court of the City of Newport News (the "trial court") erred when it ruled that Cappo Management V, Inc., trading as Victory Nissan of Chesapeake ("Victory Nissan"), violated Article Nine of the Uniform Commercial Code as adopted by Virginia in Title 8.9A ("Article Nine") by not providing a notice of disposition to Brenda Britt ("Britt") after Victory Nissan repossessed and disposed of a car it previously had...
Opinion by Senior Justice LAWRENCE L. KOONTZ, JR. Lewis-Gale Medical Center, LLC ("Lewis-Gale") appeals from a jury verdict awarding Dr. Karen J. Alldredge $900,000 for tortious interference with her contract of employment with Southwest Emergency Physicians, Inc. ("SWEP"). The dispositive issue we consider is whether Dr. Alldredge presented sufficient evidence to permit the jury to find that Lewis-Gale employed improper methods to induce SWEP to terminate her employment. BACKGROUND Lewis-...
OPINION BY Senior Justice CHARLES S. RUSSELL. This appeal presents the question whether the plaintiff in an action to recover damages for personal injuries had standing to maintain his action after filing a petition for bankruptcy, causing his claim to become an asset of his bankruptcy estate. To answer the question, we must determine whether the plaintiff's cause of action was exempted or abandoned in the bankruptcy proceeding. Facts and Proceedings The factual background is undisputed,...
OPINION BY Senior Justice ELIZABETH B. LACY. In this appeal we consider whether, in a condemnation case, the trial court erred by striking evidence the landowner claims supported its position that certain items were fixtures, not personalty, and removing that issue from consideration by the jury. BACKGROUND On February 15, 2008, the Commonwealth Transportation Commissioner of Virginia (Commissioner) filed Certificate of Take No. C-908012 in the amount of $1,496,550.00 to acquire certain land...
OPINION BY Senior Justice CHARLES S. RUSSELL. This is an appeal from an order dismissing a petition for habeas corpus. It presents questions whether the petitioner was prejudiced because (a) his trial counsel failed to renew his motion to strike the evidence at the conclusion of all the evidence, and (b) his counsel at sentencing failed to obtain a ruling on his motion to set aside the verdict. We decide both questions in the light of the second ("prejudice") prong of Strickland v. Washington,...
Opinion by Justice S. BERNARD GOODWYN. In this appeal, we consider whether the circuit court erred in its interpretation of a management agreement (the Management Agreement) between First Owners' Association of Forty Six Hundred Condominium, Inc. (FOA) and Condominium Services, Inc. (CSI). We also consider whether the circuit court erred in granting summary judgment on FOA's conversion claim, in permitting certain expert testimony into evidence, and in upholding the jury's award of punitive...
OPINION BY Senior Justice LAWRENCE L. KOONTZ, JR. In this medical malpractice case, we consider whether services rendered by a radiology group were single, isolated acts or a part of the patient's continuing treatment for the purpose of determining when the statute of limitations began to run. BACKGROUND In December 2002, Alyssa Chalifoux saw her family physician, Dr. David Stein, after experiencing headaches and other symptoms on the right side of her face. Dr. Stein referred Chalifoux for...
OPINION BY Justice WILLIAM C. MIMS. The primary issue in this appeal is whether the City of Lexington, which owned and operated a riverside park that included a low-head dam, owed a duty to warn its invitees of the dangers posed by the dam. We also consider whether the circuit court properly struck claims of gross negligence and willful and wanton negligence. BACKGROUND On April 23, 2006, Charles O. Volpe ("Charles") drowned in the Maury River below a low-head dam during a visit to a...
OPINION BY Senior Justice CHARLES S. RUSSELL. This is an appeal from the judgment of a circuit court implementing the decision of a hearing officer pursuant to Code 2.2-3006(D), a part of the State Grievance Procedure provided for the benefit of employees of the Commonwealth, Code 2.2-3000 et seq. Facts and Proceedings The facts will be stated in the light most favorable to the grievant, who was the prevailing party before the hearing officer and in the circuit court. Prior to November...
