Quantcast
Home / 2009 / January (page 9)

Monthly Archives: January 2009

Search & Seizure – Drug Dog Alert – Probable Cause – Standards (access required)

In a case of first impression, the Supreme Court of Virginia says a trial court did not err in admitting evidence of a drug dog’s alert as establishing probable cause based on evidence of the dog’s training and experience, even ...

Read More »

Zoning – Airport Safety Zone – Avigation Easement (access required)

In a case of first impression, the Supreme Court of Virginia holds that an avigation easement on property already subject to preexisting restrictions on development imposed by an airport safety overlay zone in a local zoning ordinance, constitutes a taking ...

Read More »

Contract – Government – Public Procurement Act (access required)

A contractor seeking payment of his costs for replacement of a concrete floor in his contract to build a fire station filed his appeal within the six-month period under the Virginia Public Procurement Act, but a circuit court did not ...

Read More »

Criminal – Cocaine – Constructive Possession – Prior Felony – JDR Record (access required)

Although two men were in the car in which police discovered cocaine packaged for distribution, there was sufficient evidence to convict the passenger of possession, the Supreme Court of Virginia says; but the high court reverses defendant’s felon-in-possession firearm because ...

Read More »

Zoning – Condo Construction – Rezoning Application (access required)

A Northampton County zoning ordinance unconditionally prohibited new construction of apartment buildings in its CD-R1 district, and a developer’s proposed construction was the prohibited kind, as the county board of zoning appeals ruled, so the county’s reversal of the BZA ...

Read More »

Brain injury develops during operation to remove cyst – Defense Verdict (access required)

Plaintiff, the administrator of his sister’s estate, alleged that the defendant anesthesiologist and defendant certified registered nurse anesthetist (“CRNA”) were negligent in their administration of anesthesia to the decedent during a procedure to remove a benign chest wall cyst. Plaintiff ...

Read More »

Odor from vents in vehicle leads to Lemon Law claim – $34,300 Verdict plus $7,250 in legal and experts fees (access required)

A Henrico County Circuit Court jury returned a verdict that Chrysler LLC violated Virginia’s Lemon Law. Brenda and Philip Oppenheim’s 2006 Jeep Commander had a bad odor from the air-conditioning and heating vents that caused Mrs. Oppenheim serious nosebleeds and ...

Read More »

Heart symptoms mistaken for gastrointestinal problems – $850,000 Settlement (access required)

The decedent’s medical history included a myocardial infarction with a triple bypass, obesity and continued smoking, even after his first heart attack, despite being warned by his physicians to stop. On Aug. 11, 2006, the decedent went to the defendant’s ...

Read More »

16-year-old suffers injury to back in rear-ender – $400,000 Verdict (access required)

The plaintiff was a 16-year-old front-seat passenger involved in a rear-end collision. Liability was admitted. The plaintiff, who did not complain of injury at the scene, was seen later in the day with neck complaints at an emergency room. After ...

Read More »