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Monthly Archives: September 2008

Negligence – Premises Liability – Third-Party Assault – Social Guest (access required)

A tenant’s guest who was attacked by a trespasser to the apartment complex can sue the complex owners and managers, who allegedly had claimed enhanced security at the complex, for negligence and as a third-party beneficiary of the contract between ...

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Traffic Offenses – DUI – Certificate – Breathalyzer Equipment – Calibration (access required)

A Roanoke County Circuit Court denies a DUI defendant’s motion to exclude a certificate of analysis, challenged by defendant as not supported by adequate proof from the commonwealth on the accuracy of the breath-testing device. The maintenance history for the ...

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Partnerships – Accounting – Additional Defendants (access required)

A Roanoke County Circuit Court denies plaintiff’s motion to amend his suit for a partnership accounting to add new individual defendants whom plaintiff now alleges are partners, after the statute of limitations has run against these defendants on plaintiff’s contract ...

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Contract – Parking Lot Design – Economic Loss Rule (access required)

A parking lot designer cannot use the “economic loss rule” to persuade a Fairfax Circuit Court to dismiss plaintiff recycling business’s suit alleging breach of contract/professional negligence. Defendant demurs, arguing that the economic loss rule precludes plaintiffs from asserting a ...

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Administrative – Sexual Abuse Finding – Consistent Account (access required)

The Court of Appeals upholds an administrative law judge’s finding that appellant sexually abused a child in his care, based on the child’s repeated and consistent reports that appellant fondled the child’s genital area on several occasions. The police officer ...

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Criminal – Informant Tip – No Taillights (access required)

A known informant who reported to a deputy that the informant had observed a silver Toyota, with a specific tag number, traveling with no taillights activated, did not provide a basis for the deputy to stop the vehicle, even though ...

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Criminal – Trespass – Ban From Property (access required)

Although defendant argued the commonwealth failed to prove that a “No Trespass” sign had been posted by the true owner of the property where defendant was apprehended, and thus failed to prove defendant was banned from the property, the Court ...

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Administrative – Welfare Benefits Suspension – Job Search (access required)

The Court of Appeals affirms suspension of appellant’s benefits under the Temporary Assistance for Needy Families program, as a sanction for appellant’s failure to comply with the Virginia Initiative for Employment not Welfare job search requirements. We conclude the evidence, ...

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Domestic Relations – Third-Party Visitation – Adult Child (access required)

The Court of Appeals summarily affirms a trial court decision dismissing appellant’s third-party petition for visitation with a child who has reached 18 years of age, over which the circuit court had no jurisdiction. A child is a person who ...

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Search & Seizure – Traffic Stop – Noise Ordinance (access required)

A police officer had a reasonable, articulable suspicion to stop defendant’s vehicle for a possible violation of the local noise ordinance, where the officer could hear loud music emanating from defendant’s car 100 yards away, and the Court of Appeals ...

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