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Monthly Archives: September 2007

Confusing lane markings alleged to have caused wreck – Defense Verdict (access required)

Wrongful death actions were filed on behalf of the driver and two passengers, who alleged that the driver drove across a double yellow line into oncoming traffic due to confusing lane markings and barriers placed by APAC-Virginia Inc. (APAC), a ...

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Right leg of pedestrian broken at intersection – $227,000 Settlement (access required)

On June 28, 2004, the plaintiff and his family were visiting the resort area of Virginia Beach on vacation from their home in Buffalo, N.Y. At approximately 8 a.m. the plaintiff and his family were walking northbound on the sidewalk ...

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Administrative – FOIA – Airport Authority Search (access required)

The Norfolk Airport Authority’s response by legal counsel to a request for information on the basis on which the Authority asserted a posted right to search vehicles entering the authority, which merely informed the person making the request that the ...

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Civil Procedure – Mandamus – Subdivision Application – Declaratory Judgment (access required)

A circuit court erred in holding that mandamus was an appropriate remedy to compel a local land development official to accept an application for a subdivision and a preliminary subdivision plat; the circuit court should have considered the developer’s additional ...

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Civil Procedure – Service Of Process – One- Year Rule (access required)

A Norfolk Circuit Court judge could not enforce that court’s Local Rule 2(F)(3) to dismiss a personal injury case not served on the defendant within one year of filing, and plaintiff’s failure to challenge that dismissal order within the 21-day ...

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Criminal – Concealed Weapon – Box Cutter (access required)

Because a box cutter carried by defendant and discovered during his arrest for public intoxication is not a weapon as described in Va. Code Sect. 18.2-308(A), his conviction for carrying a concealed weapon in violation of that statute is reversed. ...

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Criminal – Concealed Weapon – Pistol In Console (access required)

A defendant who suffered injuries in an automobile collision in which his vehicle’s airbag deployed, necessitating towing of the vehicle, cannot be convicted of carrying a concealed weapon for his act of placing his pistol in the console of his ...

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