Fenroy A. Fox v. Manuel Deese

Summary

The Supreme Court of Virginia reversed the trial court's dismissal with prejudice of Fenroy Fox's eight-count amended motion for judgment against the City of Richmond and three of its officials arising from the aborted promotion of a 1980 'Mardi Gras' concert at City Stadium. The court held that nonjoinder and misjoinder were improper grounds for dismissal under Code § 8.01-5(A), Code §§ 8.01-272 and 8.01-281, and Rules 3:9A and 1:4(k); that pleas of sovereign immunity and estoppel could not be sustained on the pleadings because the tort counts alleged intentional torts and acts outside the scope of employment, questions requiring an evidentiary hearing; and that Fox did not, by entering the written contract, waive his fraud claim. Although the court agreed Fox failed to allege that the defendants' interference induced a breach of his contract with the City, it held the trial court abused its discretion in sustaining the demurrers without leave to amend, and it remanded the entire case for further proceedings.