Taboada v. Daly Seven, Inc.

Summary

The Supreme Court of Virginia, on rehearing, declined to set aside its prior judgment in favor of Ryan Taboada. The Court affirmed the trial court's sustaining of the demurrer to Taboada's claim under Code § 35.1-28, reversed the demurrer ruling on his common-law negligence claim, and remanded for trial on that claim. Justice Agee, joined by Justice Kinser, concurred in part and dissented in part, arguing that the hotel owed no duty to protect Taboada from the third party's criminal assault.

Holdings

1. The court declined to set aside its prior judgment.
2. The trial court's judgment sustaining the demurrer to Taboada's claim under Code § 35.1-28 was affirmed.
3. The trial court erred in sustaining the demurrer to Taboada's common-law claim; that claim was reinstated and remanded for trial on the merits.

Questions Presented

1. Whether the Supreme Court should set aside its prior judgment on rehearing.
2. Whether Taboada's claim under Code § 35.1-28 survived Daly Seven's demurrer.
3. Whether Taboada stated a cognizable common-law negligence claim against Daly Seven based on the innkeeper-guest relationship and injuries caused by a third party's criminal conduct.

Disposition

reversed_and_remanded