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Author Archives: Deborah Elkins

Negligence – Overhead Utility Lines – Contributory Negligence (access required)

The estate of a construction worker who was electrocuted his first day on the job at Leesburg Business Park can sue an electric utility, the property owner and a utility services contractor for claims of negligence and gross negligence. The ...

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Criminal – Capital Case – Assault On Officer – Prison Risk Assessment (access required)

The Supreme Court of Virginia upholds defendant’s capital murder conviction and death sentences for shooting and killing a hospital security guard and a law enforcement officer, after assaulting a deputy when escaping from a hospital where defendant had been taken ...

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Criminal – Capital Case – Death Penalty – Defective Verdict Forms (access required)

A defendant convicted of rape and two capital murders 17 years after the crimes, based on a “cold hit” identification of defendant’s DNA, has his death sentences reversed because the verdict forms used by the jury in imposing death sentences ...

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Contract – Coal Transport – Cost Rate – Damages (access required)

In this contract dispute between a railway company and two utility companies over periodic cost adjustments of rates charged by the railway company for transport of coal to an electricity generating facility in Halifax County, the Supreme Court of Virginia ...

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Criminal – Sentencing – Robbery Conspiracy – Intimidation (access required)

An employee of a Dick’s sporting goods store cannot be convicted of robbery or a related firearm charge, because his coconspirator’s use of an air gun was not directed at the store employee who testified he had “some concern” after ...

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Real Estate – Easement Conveyance – Deed (access required)

The owner of an eight-acre tract in Montgomery County wins reversal of a trial court decision recognizing that an owner of adjacent property, Brush Mountain Estates LLC, had a 50-foot easement across appellant owner’s property, based on notes on a ...

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Contract – Home Construction – Fraud – Foundation Repairs (access required)

In this contract dispute between a building contractor and a property owner over construction of a new house, the Supreme Court of Virginia reverses the award of punitive damages for fraud because the alleged fraudulent representations about certain repairs made ...

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Medical Malpractice – Proximate Causation – Colon Surgery (access required)

A trial court erred in striking a med-mal plaintiff’s evidence that defendant surgeon’s treatment of her – by removing nearly all of plaintiff’s colon to remove a likely benign polyp discovered during a colonoscopy – was a proximate cause of ...

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Medical Malpractice – Treating Physician – Fact v. Opinion (access required)

At trial of plaintiff’s med-mal suit against an orthopedic surgeon who surgically repaired plaintiff’s broken hip by installing a reconstruction plate secured by screws, the trial court did not err in admitting testimony of two radiologists who treated plaintiff on ...

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Crossing the Finish Line…Eventually (access required)

For Virginia lawyers, finding CLE hours and fulfilling annual license requirements is easier than ever. Big shops like Virginia CLE cover a wide range of topics in a variety of formats. The Virginia State Bar, among others, offers free CLEs ...

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