Thursday, May 20, 2004
Right issue, wrong case, what happens?
In a footnote in Boyd v. People, Inc., the Virginia Court of Appeals explained that an issue was properly raised before the Worker's Comp commission, even though the case cited in support was not on point, citing Lash v. County of Henrico, 14 Va. App. 926, 929, 421 S.E.2d 851, 853 (1992) (en banc) (holding that, as long as litigant preserves issue in trial court, Rule 5A:18 does not prevent appellate court "from relying on . . . authority that was not presented to the trial court or referred to in [the parties'] briefs").