September 2019 - City of Richmond v New Irish etc

Published: Sept. 29, 2019, 8:03 p.m.

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Granted Appeal Summary

 

Case

 

CITY OF RICHMOND v. NEW IRISH, LLC, D/B/A SINE IRISH PUB (Record Number 181226) 

 

From 

 

The Circuit Court of the City of Richmond; G. Rupe, Judge. 

 

Counsel

 

Richard E. Hill, Jr. (Office of the City Attorney) for appellant

 

Wm. Tyler Shands and Carter T. Keeney (Carter & Shands, P.C.) for appellee

 

Assignments of Error

 

  1. The trial court erred in ruling that the indemnification clause was limited to “injury to the police officer and possible workman compensation issues.” 

 

  1. The trial court further erred in ruling that because Officer Allen was acting as a police officer at the time of the incident and not as an employee who was under the control of the Appellee with respect to those police powers, the indemnification clause cannot be enforced against Appellee. 

 

  1. If the case turns on Officer Allen’s capacity at the time of the underlying incident, the trial court also erred by deciding a disputed issue on Demurrer. 

 

Source Document: http://www.courts.state.va.us/courts/scv/appeals/181226.pdf