Commonwealth v. Owens-Corning Fiberglas Corp.

Senior Justice Poff,

with whom Chief Justice Carrico and Justice Whiting join, dissenting.

Because the majority has construed the holding in Commonwealth v. Spotslyvania, 225 Va. 492, 303 S.E.2d 887 (1983), too narrowly, I must dissent.

The trial court, relying upon our decision in School Bd. of the City of Norfolk v. U.S. Gypsum, 234 Va. 32, 360 S.E.2d 325 (1987), implicitly ruled that U.S. Gypsum required it to reject the Commonwealth’s argument that the sovereign is exempt from the operation of Code § 8.01-250. As the majority acknowledges, however, “[tjhat question was not raised in U.S.…