Hilb, Rogal and Hamilton Co. v. DePew

This action by an employer against its former employee raises issues of (1) the timeliness of the employer’s nonsuit of one count of its motion for judgment, and (2) the correctness of the trial court’s action in striking the employer’s evidence on the remaining counts. Since the court struck the employer’s evidence, we will “view the evidence and all reasonable inferences deducible therefrom in the light most favorable to the plaintiff.” Karim v. Grover, 235 Va. 550, 553, 369 S.E.2d 185, 186-87 (1988).

On September 7, 1990, Hilb, Rogal and Hamilton Company of Richmond (HRH), an insurance…