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I’m still trying to wrap my head around SCOVA’s recent opinion in Lucas v. Riverhill Poultry, Inc.

Lucas seems to say that a plaintiff who fails to move the trial court to reconsider an interlocutory ruling has waived the issue for appeal.

That strikes me as patently wrong–and not in an academic way, but in a way that will cause real-world problems.

So I’m going to try to work my way through this. Follow along and tell me what I’m missing.

Lucas follows a defense verdict in a motor-vehicle-accident case. A farm-use truck owned by Riverhill Poultry ran off I-81, killing its two occupants, Lucas and Hilliard. Lucas was found outside the vehicle. Hilliard was found in its cab with his hand on the steering wheel. Hilliard worked for Riverhill, and Lucas was his “friend and neighbor.”

Lucas’s personal representative sued both Riverhill and Hilliard’s personal representative. She argued that Hilliard was driving the truck, while the defendants insisted that Lucas was the driver. (Based on these two paragraphs alone, I have . . . questions? . . . about this theory of the case. But the defense lawyers involved are both very good–and both straight shooters–so who knows.)

The plaintiff’s theory of the case was that Hilliard fell asleep at the wheel. She wanted to support this with evidence that he had a sleeping disorder and, at the time of his death, had drugs in his system that could cause drowsiness. All that seems reasonable enough.

What better way to celebrate Memorial Day than 1000 or so words about some recent SCOVA appellate arcana?

(You can probably tell by now if this post is for you.)

Last week, SCOVA handed down Bonanno v. Quinn, an opinion that Justice Mims has thoughtfully crammed with nerdiana. If you’re still reading, Bonanno grew out of an adoption proceeding. Dr. Bonanno’s daughter, Elizabeth, married Michael Quinn. Elizabeth had a daughter from an earlier relationship. She and Dr. Bonanno had joint legal custody of the child; Elizabeth had physical custody and Dr. Bonanno had visitation rights.

Join me for a moment in considering Myers v. Commonwealth. Myers is a recent SCOVA opinion reversing a conviction for carrying a concealed weapon in a zippered backpack on the floor of the passenger seat of his car. The relevant statute, Code § 18.2-308, generally bars carrying a concealed weapon but carves out several exceptions.

The exception relevant here, subsection C(8), provides that the statute does not apply to “[a]ny person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.”

So the question presented in Myers was whether a handgun in a zippered backpack was “secured.”