Virginia's Judicial System


Appeals Granted


Case

RICHARD L. OWENS, SR., ET AL. v. DRS AUTOMOTIVE FANTOMWORKS, INC., ET AL.
(Record Number 140171)

From

The Circuit Court of the City of Norfolk; J. Clarkson, Judge.

Counsel

George A. Somerville (Troutman Sanders LLP) for appellants.

Gregory N. Stillman (Hunton & Williams LLP) for appellees.

Assignment of Error

  1. The trial court erred by striking the plaintiffs' evidence and entering judgment for defendants on plaintiffs' fraud and Virginia Consumer Protection Act claims, based on the trial court's finding that two of the witnesses were "believable" and "credible," thus usurping the function of the jury and improperly ruling on an issue of witness credibility.
  2. The trial court erred by striking plaintiffs' evidence and entering judgment for defendants on plaintiffs' Virginia Consumer Protection Act claim, based on the trial court's conclusion that proof of a claim under that Act requires proof of fraud.
  3. The trial court erred by striking the plaintiffs' evidence and entering judgment for defendants on plaintiffs' Virginia Consumer Protection Act claim because there was sufficient evidence of deception, fraud, false pretense, false promise, or misrepresentation by the defendants to support a judgment for the plaintiffs.

Date Granted

  05-22-2014