Consumer Protection – Auto Purchase – Contract Rescission
By Deborah Elkins
Published: October 6, 2008
A Dodge Durango buyer who agreed to return to the dealership to retrieve the title to the vehicle once his check cleared, but who neglected to do so and whose vehicle was impounded after his temporary registration and tags expired, cannot now rescind the sale under Va. Code § 46.2-1542(B).
Rolander v. Luxury Auto Sales of [...]
Negligence – Premises Liability – Wholesale Club – Shooting 
By Deborah Elkins
Published: October 6, 2008
A woman can sue the Wholesale Club where she worked – but not the store manager – for the store’s failure to adequately warn or provide security from her husband who shot her on store property, a Norfolk Circuit Court holds.
The violent assault at issue was the culmination of a continuing pattern of abusive and [...]
Insurance – Breach Of Contract – Bad Faith
By Deborah Elkins
Published: October 6, 2008
A Charlottesville Circuit Court rejects an insured’s claims of breach of contract and bad faith against defendant health insurance carrier, and dismisses plaintiff’s claims arising from an alleged delay in obtaining coverage for medical imaging of an injury to his left arm.
Plaintiff alleges Anthem’s denials of coverage caused a delay in his treatment for approximately [...]
Real Estate – Church Property Transfer – Jurisdiction
By Deborah Elkins
Published: October 6, 2008
A Charlottesville Circuit Court holds that it can adopt a “neutral principles of law” approach that will allow it to review a transfer of real estate within a Greek Orthodox Church community, without having to examine ecclesiastical policy or doctrine to resolve the property ownership issue, and it denies defendants’ plea in bar.
The evidence at [...]
Consumer Protection – Auto Purchase – Contract Rescission
By Deborah Elkins
Published: October 6, 2008
A Dodge Durango buyer who agreed to return to the dealership to retrieve the title to the vehicle once his check cleared, but who neglected to do so and whose vehicle was impounded after his temporary registration and tags expired, cannot now rescind the sale under Va. Code § 46.2-1542(B).
After the vehicle impoundment, the dealer [...]
Negligence – Auto Accident – Vehicle Value – ‘Totaled’ Car
By Deborah Elkins
Published: October 6, 2008
A defendant driver of a vehicle that struck plaintiff’s 1985 Alfa Romeo Spider convertible on the driver’s side rear quarter panel is ordered by a Charlottesville Circuit Court to pay plaintiff driver judgment of $3,725, with 10 percent interest, as the value of the vehicle that defendant claimed was a total loss.
Defense counsel stipulated that [...]
Medical Malpractice – Discovery – Medical Committee Privilege
By Deborah Elkins
Published: October 6, 2008
After in camera review of the disputed documents, a Charlottesville Circuit Court denies plaintiff discovery of the documents that are protected under Va. Code § 8.01-581.17.
Virginia Code § 8.01-581.17 provides that the proceedings, minutes, records and reports of any medical staff committee, or quality assurance, or peer review committee, established pursuant to specific guidelines, are [...]
Criminal – Robbery – Identification – Police Custody
By Deborah Elkins
Published: October 6, 2008
Although a showup to identify robbery suspects was “impermissibly suggestive,” a Roanoke City Circuit Court will allow the robbery victims’ identification of the suspects.
A married couple was robbed in a motel parking lot. Within a short time after the couple reported the robbery, police detained the two suspects near the motel, using descriptions provided by [...]
Search & Seizure – Parked Car – ‘Community Caretaker’ Doctrine
By Deborah Elkins
Published: October 6, 2008
Even if an officer “seized” defendant by tapping on the window of his parked car at 4:30 a.m., there was no basis to suspect criminal activity or a need for police assistance, and a Roanoke County Circuit Court suppresses methamphetamine found with the driver.
The officer testified that as he observed the vehicle, the interior lights [...]
Civil Procedure – Appeals – Contempt
By Deborah Elkins
Published: October 6, 2008
The Court of Appeals affirms a decision by the trial court finding appellant in contempt for violating prior court orders, as appellant’s opening brief contains no argument, principles of law or authorities related to two of his questions presented.
We find appellant’s failure to strictly adhere to the requirements of Rule 5A:20(e) “significant” pursuant to Jay [...]
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