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Monthly Archives: August 2007

Workers' Comp – Independent Contractors – Plaster Dust Exposure (access required)

A carpenter’s helper who alleges ongoing disability from inhaling plaster dust and asbestos during a residential demolition project can make a claim for workers’ compensation, despite employer’s contention that it does not regularly employ three people in its construction business; ...

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Administrative – Child Sexual Abuse – Founded Complaint (access required)

A circuit court dismisses a father’s appeal of a determination by the Commissioner of the Department of Social Services that appellant was involved with child abuse and disposition of a complaint made by the child adopted by appellant as “founded.” ...

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Civil Procedure – Second Nonsuit – Auto Accident – Due Diligence (access required)

An auto accident plaintiff who filed his first personal injury suit against defendant just before the statute of limitations ran on his claim, and who nonsuited the first suit without requesting service of process and had an earlier attempt at ...

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Consumer Protection – Nursing Home Care – Drug Rehabilitation (access required)

Although the circuit court acknowledges, as did the court in Humphrey v. Leewood Healthcare (VLW 007-8-157), that a “consumer transaction” as defined in the Virginia Consumer Protection Act can extend to nursing home services for “family” purposes under Va. Code ...

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Contract – Stock Sale Agreement – Recoupment Defense (access required)

Sellers of a business who claim they have not been paid all sums owed under the parties’ stock sale agreement and merger plan may not strike the defendant buyer’s plea of the affirmative defense of recoupment. On Sept. 5, 2003, ...

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Contract – Water Plant Construction – Subcontractor Claim (access required)

In this litigation involving an electrical subcontractor’s effort to collect additional monies for its participation in a water reclamation plan construction and renovation project in Fairfax County, the circuit court sustains defendants’ demurrer to the sub’s declaratory judgment action seeking ...

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Domestic Relations – Equitable Distribution – Marital Home – Post- Separation Payments (access required)

A circuit court declines to apply either the Brandenburg or the Keeling approach to divide the parties’ interests in this couple’s 54-acre Fauquier County property valued at $1.35 million, whose purchase and improvement were largely financed by wife’s trust funds ...

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Negligence – Auto Accident – Sovereign Immunity – Game Warden (access required)

A state game warden on routine patrol when he allegedly negligently collided with plaintiff’s vehicle is not entitled to sovereign immunity from plaintiff’s suit for personal injury; in this case of apparent first impression, and in the absence of any ...

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Partnerships – Contract – Partnership Accounting (access required)

Prior to suing on an alleged contract to share management fees, plaintiff must first resort to a wind-up and accounting with defendant partners, and his contract action is dismissed. Count II alleges an agreement between the parties to share management ...

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Wills & Trusts – Holographic Will – Trust Revocation (access required)

In this action filed by a conservator against her ward’s brother, who is administrator of their father’s estate, the circuit court holds that neither a holographic document executed by decedent father on Nov. 18, 2003, or a will executed Nov. ...

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