Justia Virginia Supreme Court Opinion Summaries

The Supreme Court held that the court of appeals erred by affirming an award of permanent total disability benefits after Employee suffered an injury that was a compensable consequence of an earlier compensable injury.Merrick Vincent was injured during the course and scope of his employment and was awarded temporary total benefits. Vincent later fell down the stairs of his home and injured his left knee. A deputy commission awarded him benefits on the grounds that the knee injury was a compensable consequence of his previous injuries. Vincent then filed a change-in-condition claim seeking an award of permanent total disability benefits under Va. Code 65.2-503(C)(1). A deputy commission awarded the benefits, and the Workers' Compensation Commission affirmed. The court of appeals affirmed. The Supreme Court reversed, holding (1) section 65.2-503(C)(1) permits an award of permanent total disability only if two disabling injuries occurred "in the same accident"; and (2) because Vincent suffered his original injuries and his knee injury in different accidents, the court of appeals erred by affirming the Commission's ruling. View "Merck v. Vincent" on Justia Law

In this appeal arising out of a suit to impeach a will the Supreme Court affirmed the judgment of the circuit court denying a plea in bar, holding that if the circuit court erred in denying the plea in bar, any error was harmless.Ten days before the decedent's death, Robert Machen, a lawyer who had befriended the decedent, presented the decedent with copies of a will he had drafted for her signature. The decedent signed the will, which contained a no-contest clause providing that the decedent's family members would get nothing from the estate if they contested the will. All family members except David Williams signed a release form. Williams then brought this suit to impeach the will. Machen filed a plea in bar asserting that Williams lacked standing to sue. The circuit court denied the plea in bar and held that the will and been procured by undue influence and fraud. The Supreme Court affirmed, holding that any error in denying the plea in bar as to Williams was harmless. View "Machen v. Williams" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing a petition for appeal filed by a person who was not a party in the proceeding from which the appeal was taken, holding that there was no error in the judgment of the court of appeals.Michelina Bonanno was the mother of Elizabeth Quinn. Elizabeth had a daughter from a previous relationship. Elizabeth and Bonanno were awarded joint legal custody of the child, and Elizabeth was awarded physical custody. Elizabeth subsequently married James Quinn. When Elizabeth died, James filed a petition for adoption, asserting that Bonanno's consent was unnecessary because of lack of visitation or contact. After the circuit court entered a final order of adoption Bonanno filed a motion to vacate and set aside the order and then filed a petition for appeal. James filed a motion to dismiss, noting that Bonanno had not filed a motion to intervene in the adoption proceeding. The circuit court denied Bonanno a hearing on the motions, and Bonanno appealed. The circuit court dismissed the appeals, concluding that Bonanno lacked standing. The Supreme Court affirmed, holding that the court of appeals (1) lacked jurisdiction to hear Bonanno's petition for appeal; and (2) did not abuse its discretion by awarding James appellate attorney's fees. View "Bonanno v. Quinn" on Justia Law

The Supreme Court affirmed the judgment of the circuit court determining that the Historic Alexandria Foundation lacked standing to pursue the claims asserted in this case, holding that there was no error in the circuit court's judgment.Vowell, LLC filed applications to obtain certain permits for the renovation of property located in the Old and Historic District of the City of Alexandria. The Old and Historic Alexandria District Board of Architectural Review (the BAR) approved Vowell's applications, and the City Council affirmed the BAR's decision. The Foundation appealed the City's Council decision. The circuit court dismissed the matter with prejudice, concluding that the petition did not establish that the Foundation was an aggrieved party with standing to pursue the appeal. The Supreme Court affirmed, holding that the Foundation lacked standing because the allegations of the petition failed to establish that the Foundation suffered particularized harm that differed from that suffered by the public in general. View "Historic Alexandria Foundation v. City of Alexandria" on Justia Law

The Supreme Court reversed the judgment of the circuit court awarding costs to Defendants under Va. Code 8.01-380 after the entry of a nonsuit order, holding that, under Rule 1:1, the written order awarding costs was untimely and must be vacated.Plaintiff filed a medical malpractice suit against Defendants. After the circuit court granted Defendants' motion to disqualify Plaintiff's expert witness, Plaintiff voluntarily nonsuited the case. Twenty days after entry of the nonsuit order, the court stated from the bench that it would award costs to Defendants. However, the court's written order awarding costs was entered more than twenty-one days after entry of the nonsuit order. The Supreme Court held that the order was void because it was entered more than twenty-one days following entry of the nonsuit order. View "Kosko v. Ramser" on Justia Law

The Supreme Court reversed Defendant's conviction of carrying a concealed weapon, second offense, in violation of Va. Code 18.2-308, holding that the trial court erred by failing to apply the statutory exception to criminal liability recognized in subsection 18.2-308(C)(8).The court of appeals affirmed Defendant's conviction for violating section 18.2-308(A). On appeal, Defendant argued that the statutory exception to criminal liability recognized by subsection 18.2-308(C)(8) applied to the undisputed facts of this case. The Supreme Court agreed and reversed, holding that Defendant was entitled to the protection of subsection (C)(8)'s exception to criminal liability for carrying a concealed weapon because the handgun at issue in this case was secured in a container within Defendant's personal, private vehicle. View "Myers v. Commonwealth" on Justia Law

The Supreme Court reversed the judgment of the circuit court dismissing Plaintiff's complaint in this fraudulent conveyance suit, holding that the circuit court erred in shifting only the burden of production, and not the burden of persuasion, to Defendants after Plaintiff established a presumption of fraudulent conveyance.Plaintiff filed this suit seeking to void a purported fraudulent conveyance of a certain residence. The circuit court found that Plaintiff's evidence was sufficient to establish a presumption that the conveyance was fraudulent but eventually dismissed Plaintiff's complaint. On appeal, Plaintiff argued that the circuit court erred in ruling that after a plaintiff in a fraudulent conveyance case proves a badge of fraud, which creates the presumption of a fraudulent conveyance, the plaintiff still retains the burden of persuasion to prove, by clear and convincing evidence, a fraudulent conveyance. The Supreme Court reversed, holding that the circuit court erred when it (1) did not shift to Defendants the burden of persuasion along with the burden of production, and (2) did not apply a standard of proof that required strong and clear evidence in determining the sufficiency of Defendants' evidence offered to rebut the presumption of a fraudulent conveyance. View "White v. Llewellyn" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the circuit court dismissing Jane Doe's amended complaint alleging that, while she was a minor, she was sexually molested by the retired but still active pastor of her church, holding that the circuit court erred in dismissing several of Doe's claims.Doe's amended complaint named as defendants various individual and institutional churches and alleged negligent hiring or retention, negligent failure to warn and protect, negligent infliction of emotional distress, and other claims. The circuit court dismissed the case in its entirety. The Supreme Court reversed in part, holding that the circuit court (1) erred in dismissing the negligent hiring or retention counts to the extent they were based on the church hiring or retaining the pastor as an employee or agent following his retirement as pastor; (2) erred in dismissing the vicarious liability claim and the claim for negligent infliction of emotional distress; and (3) did not err in dismissing the remaining claims. View "Doe v. Baker" on Justia Law

The Supreme Court affirmed the judgment of the circuit court dismissing Appellant's complaint seeking to quiet title to certain property, holding that a deed restriction for the use of a particular church was not an unreasonable restraint on alienation.In 1875, Edna and Levi Lynn executed a deed granting one acre of land to the Woodbine Baptist Church. Woodbine used the land until 2006, when its trustees gifted it to a Virginia corporation. The corporation received a loan in 2007, and the bank's title search of the property did not disclose the 1875 deed. When the corporation defaulted on the loan, Canova Land and Investment Company acquired title to the property at a foreclosure sell but did not take possession of the property. Canova later brought suit to quiet title to the property, arguing that a reverter clause in the 1875 deed, providing that if the property was not used for purposes expressed in the deed it should revert to the grantors or their heirs, should be voided as an unreasonable restraint on alienation. The circuit court dismissed the complaint, upholding the 1875 deed as valid. The Supreme Court affirmed, holding that the reverter was a restraint on use and not unreasonable. View "Canova Land & Investment Co. v. Lynn" on Justia Law

The Supreme Court affirmed the judgment of the circuit court awarding compensatory and punitive damages arising from Appellants' intentional statutory torts of racial harassment and stalking, holding that the evidence was sufficient to support the award.William Ellis, a black man, worked for John Powell, a white man, and his company, Northern Virginia Kitchen, Bath & Basement, Inc. (NVKBB) as an independent contractor. A dispute arose when Ellis worked at the home of a certain homeowner, referred to as Ms. C. NVKBB filed a complaint against Ms. C and Ellis, alleging, inter alia, defamation. The circuit court granted partial summary judgment against Powell for violating Va. Code 8.01-42.1 and -42.3. Thereafter, the circuit court returned a verdict in favor of Ellis. The Supreme Court affirmed, holding (1) the circuit court did not err in denying NVKBB and Powell's motions to strike and to set aside the jury's verdict; and (2) there was sufficient evidence to support the award of compensatory damages. View "Northern Virginia Kitchen, Bath & Basement v. Ellis" on Justia Law