Justia Virginia Supreme Court Opinion Summaries

Matthew Cline filed a complaint against Dunlora South, a private landowner on whose property the tree grew, for injuries he sustained when a tree fell on his vehicle as he was driving on a public highway. Cline alleged negligence and that Dunlora's conduct constituted a nuisance because Dunlora failed to maintain the subject property. Dunlora filed a demurrer, which the circuit court sustained. The Supreme Court affirmed, holding that common law tort principles did not impose a duty upon private landowners to protect individuals traveling on an adjoining public highway from natural conditions on the landowner's property, nor did precedent support such a ruling. View "Cline v. Dunlora South, LLC" on Justia Law

Jackson Ward Partners (JWP) owned real property in the City of Richmond. JWP filed an amended complaint in the circuit court for correction of erroneous tax assessments on the property for the tax years 2005-2008, claiming that the assessments were clearly erroneous and in excess of the fair market value. The circuit court held that JWP satisfied its burden of proving the City's assessments were erroneous and ordered the City to correct its assessments and issue refunds to JWP for taxes it overpaid based on the erroneous assessment, plus interest. The Supreme Court reversed, holding that JWP failed to prove the fair market value of the real property at issue. Remanded for entry of an order reinstating the City's tax assessments on the real property for the tax years in question. View "City of Richmond v. Jackson Ward Partners, L.P." on Justia Law

Plaintiff in this case was a Section Eight tenant in a property owned by Defendants. For reasons beyond her control, Plaintiff prematurely terminated her lease. Defendants retained Plaintiff's security deposit, and Plaintiff filed a warrant in debt seeking the return of her security deposit. The district court ruled in favor of Defendant. The circuit court affirmed. Plaintiff appealed, arguing that the trial court erred in ruling that her security deposit could be retained by Defendants to satisfy the alleged rent obligation of the housing authority. The Supreme Court affirmed, holding that because Plaintiff failed to preserve this argument for appeal, the argument was waived. View "Brandon v. Cox" on Justia Law

Defendant was convicted in the circuit court of felony failure to stop at the scene of an accident. Defendant commenced her appeal by filing a timely notice of appeal, but the court reporter failed to file transcripts of proceedings from the date on which the circuit court heard testimony and received evidence ("missing transcript"). The circuit court later entered an order making the missing transcript part of the record and ordering the clerk of court to transmit the missing transcript to the court of appeals. Defendant then filed a petition for appeal in the court of appeals. The court denied the petition, stating that Defendant did not timely file the missing transcript, and without the transcript, the record on appeal was insufficient to allow the court to review Defendant's assignments of error. The Supreme Court reversed, holding that the court of appeals erred in failing to consider the missing transcript in its review of the petition of appeal, as (1) the missing transcript was clerical error; and (2) the circuit court thus had authority to make the transcript part of the record, and Defendant was not required to seek an extension of time from the court of appeals. Remanded. View "Belew v. Commonwealth" on Justia Law

On his wife's complaint, Defendant was arrested and tried on a misdemeanor warrant for sending emails to his wife accusing his wife of engaging in sexual acts with other men and soliciting sex on Craigslist. Defendant was convicted of harassment by a computer. A panel of the court of appeals reversed on the ground that Defendant's emails were not obscene under the definition of obscenity the court of appeals adopted in Allman v. Commonwealth. However, in its decision en banc, the court of appeals overruled its decision in Allman and adopted a newly broadened definition of obscenity, holding that Defendant's emails were obscene within that definition. The Supreme Court reversed the court of appeals and vacated Barson's conviction, holding (1) the definition of "obscene" provided by the General Assembly in Va. Code Ann. 18.2-372 controlled this case, and accordingly, the court of appeals erred in substituting a dictionary definition for that provided by the General Assembly; and (2) Defendant's emails to his wife did not meet the standard of obscenity provided by section 18.2-372. View "Barson v. Commonwealth" on Justia Law

Perot Systems Government Services filed an amended complaint against Defendants, 21st Century Systems, Inc, and several individuals, alleging that Defendants, all of whom were former Perot employees, conspired for the purpose of willfully and maliciously attempting to destroy Perot and steal away Perot business by unfairly and improperly using Perot's confidential and proprietary information. The jury returned a verdict in favor of Perot on all claims. The Supreme Court reversed in part and affirmed in part, holding (1) the trial court abused its discretion when it denied defense motions to strike testimony regarding lost goodwill damages, and accordingly, the court erred when it refused to set aside the jury's award of lost goodwill damages based upon that testimony; (2) the court did not err when it refused to set aside the jury's award of both punitive and treble damages in favor of Perot; and (3) the court did not err when it refused to set aside the jury's award of computer forensics damages. View "21st Century Sys. v. Perot Sys. Gov't Servs., Inc." on Justia Law

Matthew Thorpe was the owner of a self-storage facility and operated a side business that installed residential porch railings. While installing metal sheets on the roof of a customer's building, Thorpe fell through a skylight to his death. His widow, Alissa Thorpe, filed with the Workers' Compensation Commission a claim for worker's compensation benefits. The deputy commissioner (1) found Alissa was entitled to benefits under the Workers' Compensation Act, and (2) awarded $48 payable weekly for 500 weeks. The Commission agreed with the deputy commissioner, and the court of appeals affirmed. Alissa appealed, arguing that the court of appeals erred in holding that $48 was Thorpe's average weekly wage applicable to the claim. The Supreme Court affirmed, holding that the deputy commissioner did not err in determining Thorpe's average weekly wage. View "Thorpe v. Ted Bowling Constr." on Justia Law

The U.S. district court certified questions of law to the Supreme Court concerning Virginia law. The questions arose out of a suit filed by John Wyatt, who sought monetary damages for the unauthorized adoption of his baby. Wyatt named as defendants the individuals and entities involved in the adoption and asserted numerous claims, including one for tortious interference with parental rights. Upon consideration of a motion to dismiss filed by Defendants, the district court denied the motion as to the claim for tortious interference with parental rights pending its request that the Supreme Court adjudicate whether Virginia recognizes such a cause of action. The Supreme Court (1) held Virginia recognizes tortious intereference with parental rights as a cause of action; and (2) referred the U.S. district court to the opinion for the elements constituting the tort. View "Wyatt v. McDermott" on Justia Law

Violet Seabolt filed a complaint against Albermarle County alleging that she was injured as a result of the County's gross negligence in maintaining a public park. The County filed a demurrer to gross negligence and a special plea of sovereign immunity. The circuit court sustained the demurrer as to gross negligence but declined to rule on the County's special plea of sovereign immunity. The Supreme Court affirmed the dismissal of Seabolt's complaint but on different grounds, holding that the circuit court erred by not granting the County's special plea of sovereign immunity because, in the absence of a legislative waiver of immunity, the circuit court was without jurisdiction to adjudicate Seabolt's tort claim against the County, and therefore, the court had no jurisdiction to decide the case on any other basis. View "Seabolt v. County of Albemarle" on Justia Law

Nina and her brother Eddie Russell were co-trustees of several family trusts. The trust estate consisted of the interests held by Nina and Eddie as co-trustees in Russell Realty Associates (RRA), which was created by the siblings' father. Nina and Russell disagreed about several matters and conflicts escalated. Eventually, Eddie, individually and as co-trustee, filed a complaint seeking judicial dissolution and winding up of RRA. The circuit court granted Eddie's complaint for dissolution, finding that the economic purpose of RRA was likely to be reasonably frustrated and that the business could no longer practicably operate in conformity with the partnership agreement. The Supreme Court affirmed, holding that there was sufficient evidence to support the circuit court's findings. View "Russell Realty Assocs. v. Russell" on Justia Law