Opinion by Senior Justice CHARLES S. RUSSELL. This appeal arises out of a dispute concerning the repair and renovation of an antique automobile. It requires us to decide whether the plaintiffs' evidence was sufficient to support their allegations of both common law fraud and violations of the Virginia Consumer Protection Act ("VCPA"), Code 59.1-196 et seq. Facts and Proceedings In July 2012, Virginia Beach residents Richard L. Owens, Sr. and his wife Cynthia M. Owens (the plaintiffs)...
Opinion by Justice WILLIAM C. MIMS. In this appeal, we consider whether Code 22.1-315(A) requires a school board to hold a hearing prior to suspending a non-teaching employee without pay for fewer than five days. I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW The Fairfax County School Board employed Juliette Payne as a Food and Nutrition Services Manager at Twain Middle School. In December 2011, Payne's supervisor recommended that she be suspended without pay for three days for allegedly...
Opinion by Justice LEROY F. MILLETTE, JR. In this appeal we consider whether shares of stock, which would otherwise be conveyed to an inter vivos trust by way of a pour-over provision set forth in a shareholder's will, must instead be bequeathed in a manner set forth in a shareholders' agreement entered into by that shareholder several years after executing her estate planning documents. I. Facts and Proceedings This appeal arises from a dispute over the disposition of shares of stock in a...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider whether the term "expose," as used in Code 18.2-370, includes tactile contact or is limited to situations where "sexual or genital parts" are "exposed" to sight. We also consider whether the evidence is sufficient to prove beyond a reasonable doubt that Samir Allen Farhoumand ("Farhoumand") exposed his genitalia in violation of Code 18.2-370(A)(1). I. Proceedings Below In January 2012, S.F., a minor child, told his family...
Opinion by Justice DONALD W. LEMONS. In this opinion we consider the definition of "operate" and whether such operation must be "on a highway" to sustain a conviction for driving under the influence pursuant to Code 18.2-266. I. Facts and Proceedings Below On January 20, 2011, Officer K.E. McBrearty of the Charlottesville Police Department responded to a noise complaint at 1001 Page Street in Charlottesville. When Officer McBrearty arrived at the scene, she observed Justin Sarafin ("...
Opinion by Chief Justice CYNTHIA D. KINSER. In this wrongful death action arising out of a collision at a private railroad crossing, RGR, LLC, (RGR) appeals the jury's verdict awarding $2.5 million to Georgia Settle (Mrs. Settle) for the death of her husband, Charles E. Settle, Sr. (Settle). We conclude that the circuit court did not err in holding that RGR owed a duty of reasonable care to Settle or in instructing the jury on that duty, and in finding that Settle was not contributorily...
Opinion by Justice LEROY F. MILLETTE, JR. In this appeal we consider whether the Virginia Gap Pay Act, Code 9.1-700 et seq., prohibits three employment practices adopted to avoid paying law-enforcement employees at least at a one and one-half overtime rate for hours of work accrued in "the gap:" that is, hours of work more than the employees' regularly scheduled work hours but less than the federally established maximum limit after which an overtime rate must be paid. We also consider...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider whether the discovery rulings made by the Circuit Court of the City of Fredericksburg ("trial court") in a prior, nonsuited action are properly before us on appeal. I. Facts and Proceedings Jo Ann Knighten Temple ("Temple"), as Administrator of the Estate of Ellis Ethelbert Temple ("decedent"), filed a complaint in the trial court on February 2, 2010 (the "2010 action"), alleging wrongful death and medical malpractice against...
Opinion by Senior Justice ELIZABETH B. LACY. In this appeal we consider whether a sole surviving co-administrator of an intestate's estate may maintain a wrongful death action. FACTS AND PROCEEDINGS On January 12, 2010, Tonia Michelle Begley presented to the Emergency Department of Wellmont Lonesome Pine Hospital complaining of chest pain, anxiety and elevated blood pressure. Marissa G. Vitocruz, M.D., evaluated, treated and discharged Ms. Begley from the Emergency Department. Ms. Begley...
Opinion by Justice S. BERNARD GOODWYN. In this appeal, we consider whether the Court of Appeals erred in affirming the circuit court's exclusion of evidence of good character sought by the defendant. Procedural and Factual Background 1 In the Circuit Court of Arlington County, Michael Armin Gardner (Gardner) was charged with three counts of aggravated sexual battery in violation of Code 18.2-67.3 and one count of object sexual penetration in violation of Code 18.2-67.2. The charges...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider whether the Circuit Court of the City of Portsmouth ("circuit court") erred by holding that the plaintiffs' state law claims were completely preempted by 301(a) of the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. 185(a), and by granting the demurrers filed by Verizon Virginia, Inc. ("Verizon") and the Communication Workers of America, AFL-CIO District 2 (the "CWA"). I. Allegations in the Complaint and...
Opinion by Chief Justice CYNTHIA D. KINSER. In this wrongful death action arising out of a collision at a private railroad crossing, we conclude that the decedent, Charles E. Settle, Sr. (Settle), was contributorily negligent as a matter of law because he failed to act as a reasonable person would have acted for his own safety under the particular circumstances of this case. Therefore, we will reverse the circuit court's judgment upholding a jury verdict in favor of the plaintiff. FACTS AND...
Opinion by Justice WILLIAM C. MIMS. This appeal arises out of two consolidated wrongful death actions against Honeywell International, Inc. ("Honeywell"). We consider the admissibility of testimony regarding the contents of an accident investigation report, as well as the admissibility of lay witness opinion testimony. We also address statements made by Honeywell's counsel during closing argument. Finally, we consider whether the circuit court erred in striking portions of a proffered jury...
Opinion by Justice ELIZABETH A. McCLANAHAN. Henry Lewis (Lewis) claims the circuit court erred in declining to award reinstatement, front pay and/or compensation for lost pension benefits in his wrongful termination action against the City of Alexandria (the City) under Code 8.01-216.8 of the Virginia Fraud Against Taxpayers Act (VFATA), Code 8.01-216.1 through -216.19. We disagree and will affirm the judgment of the circuit court. I. Background The City hired Lewis in January 2008 as a...
Opinion by Justice ELIZABETH A. McCLANAHAN. Norfolk Southern Railway Company (Norfolk Southern) appeals from the judgment of the circuit court granting permanent injunctive relief to E.A. Breeden, Inc. (Breeden) requiring Norfolk Southern to restore a private grade crossing over its railway tracks in Rockingham County. We will affirm the judgment of the circuit court. I. BACKGROUND The current action involves a private grade crossing across Norfolk Southern's railway tracks created pursuant...
Opinion by Justice WILLIAM C. MIMS. In this appeal, we consider whether a contract obligated a real estate cooperative to make plumbing repairs and whether the circuit court abused its discretion by declining to award attorneys' fees under Code 55-492(A). I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW In 1998, Carol Robinson-Huntley inherited an interest in the George Washington Carver Mutual Homes Association, Inc. ("the Association"), a real estate cooperative created in 1949. She became a...
Opinion by Justice S. BERNARD GOODWYN. In this appeal, we consider whether a plaintiff who brings a personal injury action relating to the conditions of her confinement in a state or local correctional facility must be incarcerated at the time her cause of action is filed in order for the statute of limitations in Code 8.01-243.2 to be applicable to that action. Background Sunday Lucas (Lucas) filed suits against C.T. Woody, Jr., Stanley Furman, Menyon Graham, Laura Terry, Robert Ford,...
Opinion by Justice LEROY F. MILLETTE, JR. In this appeal we consider the impact of a half-blood relative on the distribution of the paternal side of an intestate estate when all of the heirs are collaterals 1 and the estate must be separated into paternal and maternal parts. I. Facts and Proceedings John Warren Shepperd died without having executed a will. In life, John never married and had no children. At the time of his death, John's parents and older sister had predeceased him. John's...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider whether the Circuit Court of Prince William County ("trial court") erred by denying a request for disclosure of certain documents under the Virginia Freedom of Information Act ("VFOIA"), Code 2.2-3700 et seq., and whether a public body may impose charges for the cost of reviewing documents under the statutory exclusions. 1 I. Facts and Proceedings Below Dr. Michael Mann ("Professor Mann") is a climate scientist and former...
Opinion by Chief Justice CYNTHIA D. KINSER. The United States Court of Appeals for the Fourth Circuit (the Fourth Circuit) entered an order of certification requesting this Court to exercise jurisdiction pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, and to answer the following questions of law: 1. May a plaintiff use tortious interference with contract or tortious interference with business expectancy as the predicate unlawful act for a claim under the...
