2009 January 19 | Virginia Lawyers Weekly - Part 2

Contract – Construction – Arbitration – Nonsignatory

By Deborah Elkins
Published: January 19, 2009

Homeowners who signed a contract with a now-defunct corporationmust arbitrate their claims against defendant husband-and-wife owners of the corporation, even though defendant owners did not sign the contract, a Fairfax Circuit Court says in a case of apparent first impression.
Plaintiffs are homeowners who entered into identical contracts for home improvements or construction with a now-defunct [...]

Hood dislodges, blocks driver’s view in interstate rear-ender in Richmond – $850,000 Settlement

By Virginia Lawyers Weekly
Published: January 19, 2009

The plaintiff was traveling on Interstate 195 in Richmond at 9:15 a.m., when the hood of her car suddenly flew up and obstructed her view. According to the deposition testimony of several eyewitnesses, the plaintiff’s vehicle was still in the center travel lane stopped or traveling at less than 10 mph when the plaintiff’s vehicle [...]

Wills & Trusts – Marital Home Mortgage – Joint Tenancy – Second Wife

By Deborah Elkins
Published: January 19, 2009

In a case of apparent first impression, a Fairfax Circuit court holds that an estate is not liable for a debt secured by real property decedent and his surviving second wife held as tenants in the entirety with right of survivorship.
As the surviving tenant by the entirety, the widow received the couple’s house in fee [...]

Woman trips over speed bump in apartment complex parking lot – Defense Verdict

By Virginia Lawyers Weekly
Published: January 19, 2009

A 62-year-old female fell in the parking lot of an apartment complex while visiting her daughter who lived there. According to the plaintiff, she arrived at the complex at 10 p.m. and left at midnight.
She alleged that she tripped over a speed bump while crossing the parking lot to reach her car. Her allegations were [...]

Driver turning left fails to see motorcyclist – $1,100,000 Settlement

By Virginia Lawyers Weekly
Published: January 19, 2009

Defendant attempted a left turn in front of the plaintiff, who was riding a motorcycle in Central Virginia. Defendant was cited for failure to yield the right of way and prepaid the ticket.
Plaintiff suffered severe talar neck and calcaneus fracture of left foot/ ankle, requiring open reduction internal fixation. Plaintiff continued to suffer from [...]

Metro bus hits pedestrian in Washington crosswalk – $2,100,000 Settlement

By Virginia Lawyers Weekly
Published: January 19, 2009

Ms. Doe, an honors paralegal at the Federal Trade Commission, waited to cross 7th Street Northwest, in Washington. Her light turned green, and she proceeded to walk across the street in the crosswalk, with about 50 seconds remaining on the light. Unexpectedly, a Metrobus wheeled around the corner from Pennsylvania Avenue, made a [...]

Dump truck driver injured in Lorton landfill accident – $1,600,000 Settlement

By Virginia Lawyers Weekly
Published: January 19, 2009

On May 1, 2006, the plaintiff was operating a Roll-Off demolition truck and entered Lorton landfill to dump his load of construction debris. At the landfill he was directed by a Lorton landfill employee to a specific location to park and unload his waste.
At the same time that the plaintiff was beginning to unload [...]

5-year-old drowns in fitness center pool in Centreville – $1,750,000 Settlement

By Virginia Lawyers Weekly
Published: January 19, 2009

This was a lawsuit for the wrongful death of Jana Hammad, a 5-year-old child from Clifton, who on Aug. 31, 2007, drowned in a swimming pool at the defendant’s Life Time Fitness Center in Centreville. Jana drowned at or around the time of a swim break for the leisure pool after neither of the defendant’s [...]

Criminal – Assault On Officer – Metro Transit Officer

By Deborah Elkins
Published: January 19, 2009

A Washington Metro Transit Police Officer is a “law enforcement officer” under the Virginia statute that criminalizes assault on a law enforcement officer, and defendant can be convicted under Va. Code § 18.2-57 for his alleged assault and battery on the officer, according to a Fairfax Circuit Court.
The alleged victim is an employee of the [...]

Workers’ Comp – Leg Injury – Intoxication – Fight

By Deborah Elkins
Published: January 19, 2009

The Court of Appeals affirms denial of workers’ comp to a “skidder operator” who assaulted his supervisor and then fell into a stump hole and broke his leg during the altercation, and whose blood test revealed alcohol.
The record is clear that the initial confrontation between claimant and his supervisor resulted form claimant’s disagreement with the [...]

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