Legal Opinion

Cherry v. Lawson Realty Corporation

Supreme Court of Virginia

Decided May 3, 2018No. Record 170718PublishedCited by 11 opinions

1Opinion of the Court

OPINION BY JUSTICE STEPHEN R. McCULLOUGH

Alvis Cherry and Ashley Aldridge filed a multi-count complaint alleging Cherry suffered damages after being exposed to mold in their apartment. 1 The trial court dismissed the two counts of their complaint that were based on the common law. The court reasoned that the General Assembly intended to abrogate such common law causes of action when it enacted Code § 8.01-226.12. For the reasons noted below, we conclude that the General Assembly did not intend to disturb existing causes of action under the common law when it enacted this statute. Accordingly,…

2Cases cited9 opinions

  1. Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc.Supreme Court of Virginia · 1998
  2. Nusbaum v. BerlinSupreme Court of Virginia · 2007
  3. Wicks v. City of CharlottesvilleSupreme Court of Virginia · 1974
  4. Keister's Administrator v. Keister's ExecutorsSupreme Court of Virginia · 1918
  5. Boyd v. CommonwealthSupreme Court of Virginia · 1988

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3Cited by11 opinions

  1. Crosby v. ALG Trustee, LLCSupreme Court of Virginia · 2018
  2. Belaal Khan v. Cynthia McAlister, in her personal and individual capacityCourt of Appeals of Virginia · 2026
  3. Finney v. Clark Realty Capital, LLCDistrict Court, E.D. Virginia · 2022
  4. McCants v. CD & PB Enterprises, LLCSupreme Court of Virginia · 2024
  5. Pamela Larsen Stack v. Sandra F. LarsenCourt of Appeals of Virginia · 2023

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