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Monthly Archives: July 2007

Criminal – Morphine Possession – Pills In Purse (access required)

Although a woman testified that pills found in a prescription bottle with the witness’s name in defendant’s purse belonged to the witness, who said she suffered from migraine headaches and other ailments, the trial court could reject the witness’s testimony ...

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Criminal – Rape – DNA Evidence – Mouth Swab In Unrelated Case (access required)

Police investigators’ use of a buccal swab given voluntarily by defendant in a 2001 case, to compare to physical evidence obtained from a rape victim in the present case from 1999, did not violate defendant’s Fourth Amendment rights. Defendant contends ...

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Domestic Relations – Appeals – Interlocutory Order (access required)

The Court of Appeals dismisses wife’s appeal of a trial court order requiring her to reimburse husband for payments made by him on a jointly owed debt that she had discharged in bankruptcy; we determine that the trial court never ...

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Car-truck collision mediated for $600K (access required)

On March 8, 2006, Sterling Smith was traveling southbound on Route 501 in Campbell County, behind one of his company’s trucks. The truck swerved into the oncoming lane causing a northbound vehicle to lose control and strike Smith’s vehicle. The ...

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Girl's equine accident mediated for $250K (access required)

On June 10, 2000, the 14-year-old plaintiff was at an equine dispersal auction to which she had been referred by a family friend and former trainer. After waiting over three hours for the horse owner and/or auctioneer to have an ...

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Hospital and nurse prevail, doctor hit for $3M in death case (access required)

Plaintiff’s decedent was an overweight, caucasian male who smoked two packs of cigarettes a day and presented to the Defendant hospital’s emergency department on Nov. 4, 2000. The triage nurse’s notes reflected the presence of alcohol and also indicated that ...

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Woman recovers $2.5M for collision with trooper (access required)

On June 7, 2004, Virginia State Trooper A.M. Hairston, while on routine daytime patrol in Henry County, received a call for assistance from another trooper which he mistakenly took as an emergency call. He rapidly accelerated to a high rate ...

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Woman recovers $12M verdict in Williamsburg slip-and-fall (access required)

This was a premises liability case, arising out of a fall in Williamsburg at a service station/convenience store known as “Miller Mart.” The store is located on a raised island, surrounded by a sidewalk elevated above the parking lot pavement. ...

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Search & Seizure – Anticipatory Warrant – Package Delivery (access required)

Police who received notice that a Federal Express package addressed to another person at the address where defendant leased his apartment contained $20,000 of cocaine had authority to search defendant’s apartment after he accepted delivery of the package at his ...

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Products Liability – Rented Scaffolding – Spoliation (access required)

The manufacturer of scaffolding and the store that rented the scaffolding lose their summary judgment motion denying liability in a man’s suit alleging injury to his leg when the scaffolding collapsed; the district court rejects defendants’ argument that the store ...

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