2008 December 15 | Virginia Lawyers Weekly - Part 3

Retirement benefits an issue in damages from collision – $300,000 Settlement

By Virginia Lawyers Weekly
Published: December 15, 2008

On April 13, 2004, plaintiff, a US Naval Officer was traveling south on Ocean Highway in Somerset County, Md., on his way to Norfolk Naval Base when a tractor-trailer attempted to make a left turn into the southbound lanes in front of him.
At the place of the collision, Ocean Highway was a 55 mph road [...]

Teen gets punitives from drunken driver – $280,764.98 Verdict

By Virginia Lawyers Weekly
Published: December 15, 2008

Plaintiff, a 16-year-old female high school student, was driving home when her vehicle was hit head on by the defendant’s vehicle, which had traveled 495 feet through the median and then into oncoming traffic.
Defendant’s blood alcohol content was 0.32 per cent, and this was his third DUI. He had been drinking Wild Irish Rose all [...]

Discrimination alleged in appointment of high school principal – $200,000 Verdict

By Virginia Lawyers Weekly
Published: December 15, 2008

Pamela Hartnett, 47-year-old white female and 20-year employee of the school system, applied for the upcoming vacancy of principal of Brunswick County High School in April of 2006. Plaintiff was one of three internal applicants. The other two were Arthur Jarrett, African-American male who had been with the school system since 1982, and [...]

Domestic Relations – Custody – School Choice

By Deborah Elkins
Published: December 15, 2008

In this appeal of a JDR court order, a Roanoke County Circuit Court holds that the JDR order permanently changing custody is void ab initio.
The argument between the parents dealt with whether the child should be enrolled in the public school chosen by the father or the one chosen by the mother. In making its [...]

Employment – Grievance – DOC Employee – Involuntary Resignation

By Deborah Elkins
Published: December 15, 2008

Under a test used by the 4th Circuit for constructive discharge, a Sussex County Circuit Court holds that a state prison watch commander who thought he was demoted and subjected to harassment because he had reported a captain for sending a pornographic e-mail did not face conditions so intolerable he was forced to resign, and [...]

Negligence – Drunken Driving – Leaving Scene

By Deborah Elkins
Published: December 15, 2008

A plaintiff injured by an alleged drunken driver who woke up as a deputy was directing traffic around his car, drove off fast and struck another vehicle with a family of four, cannot sue the deputy for negligence, a Bedford County Circuit Court says.
The deputy did not have a duty to control the conduct of [...]

Criminal – Speedy Trial Act – Waiver

By Deborah Elkins
Published: December 15, 2008

Two burglary defendants waived their right to a preliminary hearing, and even assuming the continuous custody of both defendants, they were in custody only 126 days prior to their trial date, and the Roanoke County Circuit Court denies their motions to dismiss charges for speedy trial violations.
Defendant notes in his motion that he has been [...]

Creditor’s Rights – Hospital Bill – Limitations – Open Account

By Deborah Elkins
Published: December 15, 2008

A hospital-drafted contract that provided a woman’s bill for medical services was “payable in full” in 90 days following discharge was not an “open account,” and the hospital’s suit on the debt is barred under the five-year statute of limitations, a Roanoke City Circuit Court says.
Defendants note that wife was discharged on May 21, 2001 [...]

Criminal – Murder – Insanity Defense

By Deborah Elkins
Published: December 15, 2008

A defendant’s first-degree murder and related convictions are affirmed by the Court of Appeals, despite defendant’s claim that the trial court erred in granting the commonwealth’s motion in limine to exclude any reference by defense counsel to the consequences of a finding of not guilty by reason of insanity during the guilt phase of the [...]

Search & Seizure – Drug Possession – Plain View

By Deborah Elkins
Published: December 15, 2008

A police officer responding to a domestic disturbance, who went to talk to a tenant in the home as a possible witness to the disturbance, did not violate defendant tenant’s Fourth Amendment rights when he entered defendant’s room with the landlord’s permission and observed what appeared to be a marijuana cigarette on a nightstand and [...]

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