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Monthly Archives: January 2009

Metro bus hits pedestrian in Washington crosswalk – $2,100,000 Settlement (access required)

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 ...

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Criminal – Assault On Officer – Metro Transit Officer (access required)

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 ...

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Workers’ Comp – Leg Injury – Intoxication – Fight (access required)

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 ...

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Unemployment Comp – Voluntary Departure – Good Cause (access required)

A trial court did not err in concluding appellant could not collect unemployment comp because she voluntarily left her job without cause when she left her job at a law firm prior to her designated last day of employment, the ...

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Criminal – Juror Strike – Newspaper Stories (access required)

A prospective juror who stated she had been following defendant’s case in newspaper stories and she might have information on the case different from evidence presented in court nevertheless could stay on the jury because her responses to questioning by ...

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Workers’ Comp – Arising Out Of – Injury By Accident (access required)

The commission fully considered employer’s argument that claimant injured herself during the “simple act of sitting,” rather than when she lifted a 20-pound bedside commode in an awkward manner, as claimant testified, and the Court of Appeals upholds the decision ...

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Traffic Offenses – DUI – Local Ordinance (access required)

A defendant’s DUI conviction is affirmed by the Court of Appeals even though the commonwealth amended the warrant from the original charge under an allegedly invalid local ordinance to a charge under Va. Code § 18.2-266. Defendant initially was charged ...

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