Martin v. Ziherl

OPINION BY Justice ELIZABETH B. LACY.

In this appeal we consider whether Zysk v. Zysk, 239 Va. 32 , 404 S.E.2d 721 (1990), which disallows tort recovery for injuries suffered while participating in an illegal activity, precludes Muguet S. Martin from maintaining a tort action against Kristopher Joseph Ziherl for injuries allegedly inflicted during sexual intercourse, a criminal act of fornication proscribed by Code § 18.2-344, in light of the decision of the Supreme Court of the United States in Lawrence v. Texas, 539 U.S. 558 , 123 S.Ct. 2472 , 156 L.Ed.2d 508 (2003), holding unconstitutional…