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Monthly Archives: April 2008

Rock thrown by playmate damages 7-year-old’s eye (access required)

$300,000 Settlement Plaintiff, a 7-year-old boy, was playing with several other children by a creek near his home in Colonial Heights. Defendant, a 13-year-old boy, threw a rock that struck plaintiff in the left eye. Plaintiff suffered a left orbit ...

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Domestic Relations – Bankruptcy Discharge – Attorney’s Fees (access required)

A husband’s debt of attorney’s fees to wife in her proceeding against husband for violations of a court visitation order cannot be discharged in husband’s bankruptcy, because the fee award to wife is “in the nature of child support.” When ...

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Civil Procedure – Default Judgment – Appellate Record (access required)

A circuit court’s default judgment awarding plaintiff Edward Rabideau $1.45 million in damages against defendant Prince Seating Corporation, a New York company, is upheld on appeal. Prince Seating moved to set aside the default judgment and averred that it was ...

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Search & Seizure – Folded Dollar Bill – Probable Cause (access required)

Police did not have probable cause to investigate the folded-up dollar bill in a juvenile defendant’s wallet, and the trial court did not err in denying defendant’s motion to suppress. Defendant contends the circuit court erred because it did not ...

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Search & Seizure – Protective Sweep – Suicide Threat – Barricaded Home (access required)

Police who had defendant under surveillance after his live-in girlfriend reported he had been drinking and threatened suicide did not have “exigent circumstances” or another reason to enter defendant’s home to make a “protective sweep” after defendant was subdued and ...

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Coverage at issue in crash of Medicare van – $1,136,235.61 Verdict (access required)

Thelma Hargrove, a 65-year-old woman who had had both legs amputated above the knee because of diabetes, suffered multiple fractures to her right shoulder and arm, among other injuries, in a traffic accident in Halifax County in December 2004 on ...

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Search & Seizure – Probable Cause – Hand-Rolled Cigarette (access required)

A police officer in a convenience store in a “high-drug” area did not have probable cause to seize defendant, based on the officer’s observation that defendant appeared to have trouble maintaining her balance while walking and appeared to fall asleep ...

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Criminal – Prescription Drug Possession – Nature & Character (access required)

A woman stopped in a “high-crime, high-drug area” for failure to stop at an intersection, who consented to a search of her vehicle, cannot be convicted of possession of prescription drugs found in a pill bottle with the name of ...

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Negligence – Wrongful Death – Solace Damages – Marital Discord (access required)

In a wrongful death action filed by the estate of a man killed in a motorcycle accident, the trial court erred in setting aside a jury verdict that awarded medical and funeral expenses and nearly $1 million for lost income ...

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