CaseNORFOLK SOUTHERN RAILWAY COMPANY v. E. A. BREEDEN, INC.
(Record Number 131066)
FromThe Circuit Court of Rockingham County; J. Lane, Judge.
CounselFrank K. Friedman and Mark D. Loftis (Woods Rogers PLC) for appellant.
Terry Lynn (Law Offices of Terry Lynn PLLC) for appellee.
Assignments of Error
- The trial court erred in severing plaintiff's request for injunctive relief and trying that claim first-before plaintiff's claim for money damages-thereby depriving Norfolk Southern Railway Company ("NSRC") of its right to have a jury determine issues of fact common to the two claims.
A. The trial court's action deprived NSRC of a jury trial to which it was entitled under Article I, § 11 of the Constitution of Virginia.
B. The trial court's action violated Va. Sup. Ct. R. 3:22(e).
- The trial court erred in ruling as a matter of law that plaintiff was not required to prove any actual injury whatsoever in order to obtain permanent injunctive relief.
- The trial court erred in granting permanent injunctive relief, because the record established that plaintiff committed the first material breach of the crossing agreement and is therefore barred from enforcing the agreement.
A. The trial court erred in failing to grant NSRC's demurrer, because the ruling in the prior case established plaintiff's material breach of the crossing agreement as a matter of law.
B. To the extent the ruling in the prior case left any factual issue unresolved, the uncontradicted evidence in the trial here established plaintiff's first material breach of the crossing agreement as a matter of law.
- The trial court erred in precluding NSRC from offering evidence showing that plaintiff's damages could be quantified.
A. The trial court erred in ruling that the fact that the plaintiff had an adequate remedy at law was irrelevant to the claim for permanent injunctive relief.
B. The trial court erred in precluding NSRC from offering evidence showing that any injury to plaintiff could be quantified and in fact had been quantified at the de minimis sum of $7,500.
- The trial court erred in failing to undertake any balancing of the equities, and instead ruling that NSRC's removal of the railroad crossing by itself entitled plaintiff to permanent injunctive relief.
Assignment of Cross-Error
- As Railway continuously asserted unsupported defenses, the Circuit Court abused its discretion in denying Breeden's Motion for Reimbursement of Eighteen Thousand Five Hundred dollars ($18,500.00) in Attorney's Fees pursuant to § 8.01-271.1 of the Virginia Code.