Broadcasts.com - "June 2019 - Tingler et al v Graystone Homes" (Oral Arguments of the Supreme Court of Virginia)

Published: June 30, 2019, 9:42 p.m.

This podcast is provided by Ben Glass and Steve Emmert

Granted Appeal Summary

Case

GEORGE TINGLER, ET AL. v. GRAYSTONE HOMES, INC. (Record Number 180791)

From

The Circuit Court of Culpeper County, L. Whitlock, Judge.

Counsel

David Hilton Wise (Wise & Donahue, PLC) for appellants.

Stephen A. Horvath, Melissa H. Katz, and Coley R. Myers, III (Bancroft, McGavin, Horvath & Judkins, P.C.) for appellee.

Assignments of Error

The trial court erroneously sustained demurrers to the Tinglers’ negligence, negligent repair, and negligence per se claims in the amended complaints because they sought personal injury and property damage, which are protected by the duty implied by law to protect the safety of persons and their property from threatened or actual injury.

The trial court erroneously sustained demurrers to the claims for breach of contract and breach of warranty in the second amended complaint because there were sufficient allegations that Belle Meade Farm, LLC, as principal, and the Tinglers, as agents, had standing to bring these claims.

The trial court erroneously ruled that Belle Meade Farm, LLC, was not an intended thirdparty beneficiary of the contract because there were sufficient allegations in the second amended complaint that it was the intended beneficiary