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Author Archives: Deborah Elkins

Obituaries (access required)

Walter E. Beverly Walter Egbert Beverly, a retired insurance executive and attorney, died Nov. 17 of bile duct cancer at his home in Alexandria. He was 83. A native of Rocky Mount, Mr. Beverly was the son of the editor ...

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Tort – Assault & Battery – Aiding & Abetting – BB Gun Shooting (access required)

A plaintiff who was shot in the eye with a BB gun can sue the alleged shooter’s companions for civil aiding and abetting and conspiracy, based on allegations that the companions, the owner and the driver of the vehicle in ...

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Employment – Municipal – City Employee Grievance – Prior Conviction (access required)

A Richmond Circuit Court sustains a hearing officer’s reinstatement of an employee of the Richmond Redevelopment & Housing Authority who disclosed on her job application a prior federal conviction for failure to file a Tax Form 990 when she worked ...

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Real Estate – Adverse Possession – Tacking – Condo Association (access required)

In this dispute over ownership of a brick wall lying on the recorded parcel of defendant’s land, lying west of the plaintiff condominium association’s recorded boundary line, a Richmond Circuit Court grants summary judgment for the association, which can tack ...

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Constitutional – Rail Enhancement Fund – State Funds – Intermodal Facility (access required)

A Richmond Circuit Court rejects a constitutional challenge to state funding for a Norfolk Southern Corp. intermodal rail facility in Montgomery County, ruling that the state constitution does not bar public support of the private project under legislation aimed at ...

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Criminal – Double Jeopardy – Mistrial – Fingerprint Evidence (access required)

A Norfolk Circuit Court denies defendant’s motion to bar retrial on double jeopardy grounds; when the jury was impaneled and evidence heard in this criminal case, the prosecutor relied in good faith on the investigator’s representations that there was no ...

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Real Estate – Contract – Radon Testing – Fraudulent Inducement (access required)

Home buyers can sue their real estate agent, who had a dual agency representing both buyer and seller, for allegedly disclosing radon testing results only for the first level of the home, and not the high levels for the basement; ...

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Attorneys – Legal Malpractice – Wrongful Death – Misjoinder (access required)

Although a widow qualified as executor of her husband’s estate, her legal malpractice action against the lawyer who allegedly missed the statute of limitations on her wrongful death suit is dismissed by the Norfolk Circuit Court, because nowhere in the ...

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Contract – Construction – Subcontractor – Pay-If-Paid Clause (access required)

Construing a contract between the Turner Construction Company, the general contractor on the ill-fated Granby Tower project, and a grading and utility subcontractor, a Norfolk Circuit Court grants summary judgment for the general contractor because the contract has an unambiguous ...

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Domestic Relations -Termination Of Parental Rights – Neglect (access required)

A mother’s parental rights to her two- and five-year-old children were properly terminated, the Court of Appeals holds, after the two-year-old was observed in the middle of the street, without supervision, and the mother gave inconsistent accounts of how the ...

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