Zoning – Subdivision Plat – ‘Reserved Area’ – Declaration Of Covenant 
By Deborah Elkins
Published: June 16, 2008
The buyer of a 106-acre parcel in Orange County is not bound by a purported reservation of “REMAINING LAND” covering the parcel on a subdivision plat because the developer did not file a declaration of covenant to reserve the land, and the Virginia Supreme Court says the circuit court erred in prohibiting the buyer from [...]
Excess lateral traction alleged during delivery – Defense Verdict
By Virginia Lawyers Weekly
Published: June 16, 2008
Plaintiffs, a mother and father, filed suit on behalf of their 6-year-old son who suffered from a permanent Erb’s palsy. Plaintiffs alleged that two obstetricians failed to recognize the mother was at risk for having a shoulder dystocia and did not discuss a cesarean section with her before delivery. They further alleged [...]
Corporate – Closely Held Company – Va. Securities Act
By Deborah Elkins
Published: June 16, 2008
A health club member who bought the club, a closely held corporation, based on financial information provided by the wife of one of the club owners, who kept the company books, can sue the sellers under the Virginia Securities Act for the alleged false information provided in the sellers’ financial report, the Virginia Supreme Court [...]
Real Estate – Chain Of Title – Notice To Claimant
By Deborah Elkins
Published: June 16, 2008
A plaintiff who claims to own an 0.521-acre tract in Russell County who acknowledges he had notice “in the 1980s” that defendant had a deed to the property, prior to plaintiff’s 2004 recordation of a deed to the property, does not own the property and the Virginia Supreme Court upholds judgment for defendant.
Here, plaintiff’s notice [...]
Brain injury, fractures alleged in traffic crash – $285,000 Settlement
By Virginia Lawyers Weekly
Published: June 16, 2008
On Dec. 9, 2005, the plaintiff, a 53-year-old massage therapist driving a 2005 Ford, was struck by a 1997 Volkswagen at the intersection of West Braddock Road and North Van Dorn Street in Alexandria. The intersection was controlled by a traffic signal.
The defendant driver assumed she had the green light because a vehicle to her [...]
Constitutional – Sovereign Immunity – Dulles Toll Road Contract – Self-Executing Waiver
By Deborah Elkins
Published: June 16, 2008
A circuit court’s dismissal, on the basis of sovereign immunity, of plaintiffs’ challenge to Virginia’s participation with MWAA in operating the Dulles Toll Road is reversed by the Supreme Court of Virginia, which holds that the cited Virginia constitutional provisions dealing with the separation of powers and with the power of the legislature, are self-executing [...]
Counterclaim to collection suit filed for an improper purpose – $78,202.50 Verdict
By Virginia Lawyers Weekly
Published: June 16, 2008
The plaintiff, Tax Accounting & Payroll Services Inc., (“TAAPS”) performed bookkeeping and accounting services for Loans and Mortgages LLC (“L&M”) for approximately four months under a written contract. L&M failed to pay TAAPS for services rendered under the written contract.
TAAPS filed suit in Fairfax County General District Court seeking $7,055 from L&M. At [...]
Contract – Real Estate Sale – Statute Of Frauds
By Deborah Elkins
Published: June 16, 2008
In this dispute over the sale of a 194-acre farm near Smith Mountain Lake, owned by various members of the Moorman family, to a local doctor who was a part-time real estate developer, the trial court erred in finding that the various draft agreements and correspondence circulated between the developer and one family member constituted [...]
81-year-old breaks hip in nursing home fall – Confidential Settlement
By Virginia Lawyers Weekly
Published: June 16, 2008
An 81-year-old female was admitted to a health and rehabilitation center in June 2006 following surgery for a left hip (femur) fracture. No side rails were ordered or utilized for her bed. Several weeks after admission, she fell from her bed and fractured her femur.
The staff failed to have her leg X-rayed and forced her [...]
Criminal – Capital Case – Execution Method – Prison Risk Expert
By Deborah Elkins
Published: June 16, 2008
A defendant sentenced to death for killing a police officer loses his appeal of his conviction and sentence, as the Virginia Supreme Court rejects defendant’s claims that the trial court erred in declining to appoint an expert to perform a prison risk assessment on defendant’s future dangerousness, and that Virginia’s execution protocols for lethal injection [...]
VLW Verdicts & Settlements
Refine your search for VLW Verdict & Settlement Reports or send us your case results for publication. Database search feature available to VLW subscribers only - login required.
Log in to search the V & S Database
Submit a Verdicts & Settlements Report
 |
GET THE VLW DAILY ALERT
The Daily Alert from Virginia Lawyers Weekly brings you the latest legal news every morning in your e-mail. You’ll get headline news, a link to the day’s Top Opinion and more!
Click here to sign up for the Alert
STAY CONNECTED WITH VLW
Stay up-to-date with the latest news and information from Virginia Lawyers Weekly by subscribing to our RSS feeds and visiting our social media pages.
