City of Norfolk v. Bennett

29 Citing cases

  1. Brown v. Tidewater Construction Corp.

    454 S.E.2d 42 (Va. Ct. App. 1995)   Cited 3 times

    However, we are also bound by the principle that "where there is `no conflict in the evidence, the question of the sufficiency thereof is one of law.'" Eccon Constr. Co. v. Lucas, 221 Va. 786, 790, 273 S.E.2d 797, 799 (1981) (quoting City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965)). On January 2, 1992, the claimant, a twenty-six year old laborer, injured his lower back and right hip while working for Tidewater Construction Corporation (employer). Employer accepted the claim as compensable, and, on July 28, 1992, the commission entered an award solely for medical benefits for causally-related treatment.

  2. Howarth v. Rockingham Pub. Co., Inc.

    20 F. Supp. 2d 959 (W.D. Va. 1998)   Cited 6 times

    To constitute either type of fraud, an affirmative representation need not have been made, however; fraud may consist of the suppression or omission of that which is true as well as the articulation of that which is false. See 8B Michie's Juris., Fraud and Deceit ยง 15 (1994) (citing, inter alia, City of Norfolk v. Bennett, 205 Va. 877, 140 S.E.2d 655 (Va. 1965)). 2.

  3. Ward v. Ward

    239 Va. 1 (Va. 1990)   Cited 19 times
    Noting that in Virginia a party may seek reformation based on a unilateral mistake "accompanied by misrepresentation and fraud"

    Be that as it may, fraud, once properly alleged, must be proved by clear and convincing evidence. City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965). Here, Richard's proof of "fraudulent intent" on Linda's part was woefully lacking.

  4. Vepco v. Kremposky

    227 Va. 265 (Va. 1984)   Cited 26 times
    In Kremposky, the Supreme Court then โ€œreaffirm[ed] the principles underlying [the] decisionโ€ in Jenkinsโ€”holding, โ€œProof of a pattern or practice of failing to discipline employees guilty of willful violations of a safety rule defeats the defense afforded an employer by [then-]Code ยง 65.1โ€“38, but only when such violations occur โ€˜under circumstances charging the employer with knowledge and acquiescence.โ€™ โ€ Kremposky, 227 Va. at 270โ€“71, 315 S.E.2d at 234 (quoting Jenkins, 207 Va. at 404, 150 S.E.2d at 124) (emphasis added).

    In a split decision, the full Commission ruled that the evidence "fails to preponderate in establishing that claimant had direct knowledge of the rule or, and more importantly, that it was strictly enforced" and confirmed an award in favor of Kremposky. On appeal, the Commission's findings of fact are "conclusive and binding", Code Sec. 65.1-98, but when there is "no conflict in the evidence, the question of the sufficiency thereof is one of law", City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965), and the same is true when there is no credible evidence to support the Commission's factual findings, Conner v. Bragg, 203 Va. 204, 207, 123 S.E.2d 393, 395 (1962). Accord Eccon Company v. Lucas, 221 Va. 786, 790, 273 S.E.2d 797, 799 (1981); Goodyear v. Watson, 219 Va. 830, 833, 252 S.E.2d 310, 312 (1979).

  5. Eccon Company v. Lucas

    221 Va. 786 (Va. 1981)   Cited 38 times

    But where there is "no conflict in the evidence, the question of the sufficiency thereof is one of law." City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965). There is no significant conflict in the expert medical opinions of the two doctors who attended Lucas, and "we must inquire to determine if the correct legal conclusion has been reached."

  6. Dolsey v. Commonwealth

    No. 0115-24-3 (Va. Ct. App. Nov. 19, 2024)

    But "[t]he burden of proof is . . . on the party alleging mistake to prove its existence." Norfolk v. Bennett, 205 Va. 877, 880 (1965). Dolsey fails to meet his burden in the context of this case.

  7. Victoria's Secret v. Mauldin

    Record No. 0212-17-2 (Va. Ct. App. Jul. 18, 2017)

    When there is "no conflict in the evidence, the question of the sufficiency thereof is one of law." Gwaltney of Smithfield, Ltd. v. Hagins, 32 Va. App. 386, 392, 528 S.E.2d 162, 165 (2000) (quoting City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965)); see also Hilton v. Martin, 275 Va. 176, 180, 654 S.E.2d 572, 574 (2008). Thus, we review whether the commission erred in refusing to consider after-discovered evidence de novo, because there is no conflict in the evidence as to the facts establishing the elements of after-discovered evidence.

  8. J. L. Kent & Sons, Inc. v. Kilby

    Record No. 1161-14-2 (Va. Ct. App. Jan. 27, 2015)

    "When, however, there is 'no conflict in the evidence the question of the sufficiency thereof is one of law.'" Gwaltney of Smithfield, Ltd. & Travelers Indem. Co. v. Hagins, 32 Va. App. 386, 392, 528 S.E.2d 162, 165 (2000) (quoting City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965)). "Unlike questions of fact, which are binding on this Court if supported by evidence, we review questions of law de novo."

  9. Smith v. Dominion Technical Solutions

    Record No. 0475-14-3 (Va. Ct. App. Jan. 27, 2015)

    Where, as here, there is "no conflict in the evidence, the question of the sufficiency thereof is one of law," City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965), and the same is true when there is no credible evidence to support the Commission's factual findings, Conner v. Bragg, 203 Va. 204, 207, 123 S.E.2d 393, 395 (1962).VEPCO v. Kremposky, 227 Va. 265, 269, 315 S.E.2d 231, 233 (1984).

  10. Nisource, Inc. v. Thomas

    674 S.E.2d 581 (Va. Ct. App. 2009)   Cited 4 times
    Affirming commission's imputation of wages to partially disabled claimant, who was an officer of a family-owned business, based on the hourly value of the work claimant performed for the business

    We must inquire to determine if the correct legal conclusion has been reached.'" Cibula v. Allied Fibers Plastics, 14 Va.App. 319, 324, 416 S.E.2d 708, 711 (1992) (quoting City of Norfolk v. Bennett, 205 Va. 877, 880, 140 S.E.2d 655, 657 (1965)), aff'd, 245 Va. 337, 428 S.E.2d 905 (1993). Compensation benefits awarded pursuant to Code ยงยง 65.2-500 and 65.2-502 "cover losses occasioned by the impairment of the claimant's earning capacity" resulting from the claimant's compensable injury. Pilot Freight Carriers, Inc. v. Reeves, 1 Va.App. 435, 441, 339 S.E.2d 570, 573 (1986).