Negligence – Slip & Fall – Construction Site – Punitive Damages 
By Deborah Elkins
Published: January 11, 2010
Tags: Judge Charles E. Poston, Negligence, Norfolk Circuit Court
A plaintiff who fell onto uncapped rebar in a trench at a strip-mall construction site does not state a claim for punitive damages against defendant construction company, and a Norfolk Circuit Court sustains defendant’s demurrer to the punitives claim, with leave to amend. According to the complaint, defendant did not provide markings or warnings for [...]
Real Estate – Inverse Condemnation – Street Closings – Business Access
By Deborah Elkins
Published: January 11, 2010
Tags: Judge Karen J. Burrell, Norfolk Circuit Court, Real Estate
A property owner and business operator on the property state a claim for inverse condemnation under the Virginia Constitution for the city of Norfolk’s four-month closure of Duke Street for construction or repair of public utilities that prevented reasonable access to the property, but they do not state an inverse condemnation claim for additional street [...]
Domestic Relations – Reconciliation – Parties’ Intent
By Deborah Elkins
Published: January 11, 2010
Tags: Domestic Relations, Judge Robert P. Doherty Jr., Salem Circuit Court
Although husband acknowledged he had “accidental sex” with wife after the parties separated in May 2007 and entered into a post-nuptial agreement, a Salem Circuit Court says the parties did not reconcile because the evidence does not show an intent to live together and undertake a “fresh start.” Husband testified he did not intent to [...]
Wills & Trusts – Trustee Replacement – Individual Capacity
By Deborah Elkins
Published: January 11, 2010
Tags: Judge James H. Chamblin, Loudoun County Circuit Court, Wills & Trusts
In this suit against defendant as an executor of an estate and a trustee of a trust established by the testator in June 2007, a Loudoun County Circuit Court grants defendants’ demurrers to most counts of plaintiffs’ complaint, but will allow plaintiffs to go forward on claims for removal and replacement of trustee and executor, [...]
Domestic Relations – Mom’s Move – GAL Recommendation
By Deborah Elkins
Published: January 11, 2010
Tags: Domestic Relations, Judge Mary Jane Hall, Norfolk Circuit Court
Although both the parenting evaluator and guardian ad litem support awarding shared custody to the dad in Virginia after the mom precipitously moved with the parties’ four-year-old son to be near her family in Colorado, a Norfolk Circuit Court awards primary physical custody to the mom. The court has considered these recommendations, but particularly because [...]
Domestic Relations – Termination Of Parental Rights – Age Of Discretion
By Deborah Elkins
Published: January 11, 2010
Tags: Domestic Relations, Per Curiam Opinion, Virginia Court of Appeals
A trial court did not err in finding sufficient evidence to terminate a mother’s parental rights under either Va. Code § 16.1-283(B)(2) and (E), nor did the court abuse its discretion by determining the mother’s child who was under 14 years of age, was not of the age of discretion under Va. Code § 16.1-283(G), [...]
Attorneys – Sanctions Under Va. Statute – Tax Assessment Challenge
By Deborah Elkins
Published: January 11, 2010
Tags: Attorneys, Augusta County Circuit Court, Judge Victor V. Ludwig
An Augusta County Circuit Court says a lawyer who misused legal process to challenge real estate tax assessments by suing local supervisors and the commissioner of revenue is sanctioned under Va. Code § 8.01-271.1, and must pay $2,000 for the county’s cost in defending against the frivolous litigation. In the first suit, plaintiff asked the [...]
Criminal – Cocaine – Firearm Possession
By Deborah Elkins
Published: January 11, 2010
Tags: Criminal, Judge Jere M.H. Willis Jr., Virginia Court of Appeals
Where defendant answered a police knock at the door, during 40-degree weather, dripping wet and wearing a towel, and police smelled burning marijuana from inside the house when defendant opened and closed the door at least twice, and defendant responded to a police inquiry by saying he had a weapon in his bedroom, there was [...]
Administrative – Occupational Safety – Inspector Fatality – Civil Penalties
By Deborah Elkins
Published: January 11, 2010
Tags: Administrative, Virginia Court of Appeals
In this appeal by the Fairfax County Department of Public Works & Environmental Services of a circuit court finding that substantial evidence supported all but two of the Virginia Occupational Safety & Health civil penalty citations issued by the Virginia Department of Labor & Industry for violations of VOSH safety standards, the Court of Appeals [...]
Domestic Relations – Appeals – Transcript – Custody
By Deborah Elkins
Published: January 11, 2010
Tags: Domestic Relations, Judge William G. Petty, Virginia Court of Appeals
Conspicuously missing from the 3,351-page appendix in husband’s appeal of this divorce case is a complete transcript of the trial court’s ruling from the bench awarding sole custody of the children to wife, and that ruling cannot be reviewed under Va. Code § 20-124.3 based on the one-page excerpt of the decision filed by husband; [...]
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