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CITY OF CHESAPEAKE v. CUNNINGHAM

Record Nos. 032974, 040002.

604 S.E.2d 420 (2004)

268 Va. 624

CITY OF CHESAPEAKE v. Helen CUNNINGHAM Helen Cunningham v. City of Chesapeake.

Supreme Court of Virginia.

November 5, 2004.

Attorney(s) appearing for the Case

William F. Devine; Darlene P. Bradberry (Linda S. Laibstain; James A. Gorry, III; T. Jeffrey Salb; Ronald S. Hallman; Tracy E. Bilisoly; Williams Mullen Hofheimer Nusbaum; Breeden, Salb, Beasley & DuVall; Office of the City Attorney, on briefs), Norfolk, for appellant.

Gary A. Bryant (Louis N. Joynes, II; Willcox & Savage; Joynes & Gaidies Law Group, on brief), Norfolk, for appellee.

Virginia Municipal League; Local Government Attorneys of Virginia (Howard W. Dobbins; Elizabeth Mason Horsely; Williams Mullen, on brief), for amicus curiae in support of appellant.

Present: HASSELL, C.J., and LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and COMPTON, S.J.

OPINION BY Justice G. STEVEN AGEE.

Helen Cunningham filed a thirteen-count motion for judgment against the City of Chesapeake ("the City") alleging that her August 30, 1998, miscarriage was caused by toxic water supplied by the City. Counts I through IX of the motion for judgment allege breach of contract, breach of warranty, battery, negligence, nuisance, trespass and violation of the Virginia Consumer Protection Act. Claims X through XIII allege claims of fraud...

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