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MARTIN v. ZIHERL

Record No. 040804.

607 S.E.2d 367 (2005)

269 Va. 35

Muguet S. MARTIN v. Kristopher Joseph ZIHERL.

Supreme Court of Virginia.

January 14, 2005.

Attorney(s) appearing for the Case

Neil Kuchinsky, Colonial Heights; Melvin E. Yeamans, Jr., Richmond (Kuchinsky & Yeamans, Colonial Heights, on brief), for appellant.

Paul McCourt Curley (Robert Allen Canfield; Canfield, Baer, Heller & Johnston, Richmond, on brief), for appellee.

Amici Curiae: Commonwealth of Virginia (Jerry W. Kilgore, Attorney General; William E. Thro, State Solicitor General; Maureen Riley Matsen, Deputy State Solicitor General, on brief), in support of neither party.

Amici Curiae: American Civil Liberties Union of Virginia, Inc. (Rebecca K. Glenberg; American Civil Liberties Union of Virginia Foundation, Inc., on brief), in support of appellant.

Present: All the Justices.

OPINION BY Justice ELIZABETH B. LACY.

In this appeal we consider whether Zysk v. Zysk, 239 Va. 32, 404 S.E.2d 721 (1990), which disallows tort recovery for injuries suffered while participating in an illegal activity, precludes Muguet S. Martin from maintaining a tort action against Kristopher Joseph Ziherl for injuries allegedly inflicted during sexual intercourse, a criminal act of fornication proscribed by Code §...

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