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Author Archives: Deborah Elkins

Negligence – Single-Car Accident – Negligent Entrustment (access required)

An Arlington Circuit Court says plaintiff passenger has failed to state a claim for negligent entrustment based on defendants’ alleged knowledge that the driver of the car that wrecked was an inexperienced driver on a restricted driver’s license, who was ...

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Contract – Third-Party Beneficiary – Intent – Equitable Indemnification (access required)

A contract that provided that BFI Transfer Systems would provide a transfer station for municipal waste as well as “portions of the privately collected waste from Rivanna Service Area” allows Container Rentals LLC, a private firm collecting waste from the ...

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Unemployment Comp – Misconduct – Hearsay (access required)

Hearsay evidence is admissible to support employer’s assertion of misconduct by a former employee of a residential facility for mentally retarded adults, who reportedly stated he did not feel comfortable assisting residents with showers, which was one of his job ...

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Criminal – Carjacking – Intimidation – Demands v. Threats (access required)

A masked defendant who rapidly approached a pizza delivery driver and demanded the pizza and the driver’s money, cell phone and car keys, used intimidation to take the driver’s car, even though the defendant had to demand the keys multiple ...

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Criminal – Custodial Indecent Liberties – Son’s Friend (access required)

A teenage boy was in the custodial care of the father of the boy’s friend and neighbor, where the boy visited the neighbor family several times a week, frequently spent the night, and had been on vacation with the family, ...

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Traffic Offenses – Driving After HO Order – ‘Highway’ – Apartment Complex (access required)

Although defendant claimed the area “in the rear of” a private apartment complex in Portsmouth was not a “highway,” the Court of Appeals affirms his conviction under Va. Code § 46.2-357 for driving after adjudication as an habitual offender. “Highway” ...

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Criminal – Murder – Prior Nolle Prosequi (access required)

At defendant’s sentencing for second-degree murder and firearm use, the trial court did not err in refusing to allow defendant to advise the jury he had been incarcerated for the same charges that previously had been nolle prosequied, the Court ...

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Workers’ Comp – Arising Out Of – Ice Fight – Shoulder Dislocation (access required)

A restaurant employee who dislocated his shoulder and needed surgery when he threw up his arm to block ice being thrown by idle coworkers cannot collect workers’ comp because his injury did not arise out of his employment, the Court ...

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Creditor’s Rights – FDCPA – ‘Debt Collector’ (access required)

A Richmond U.S. District Court allows plaintiff debtor to amend her complaint to assert a Fair Debt Collection Practices Act claim against defendant “property management company.” Defendant argues that the FDCPA does not apply to it because it is not ...

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Civil Rights – Prison Privileges – EBP Program (access required)

Defendant correctional officials win summary judgment in an inmate’s civil rights suit challenging implementation of an “Evidence Based Practices” disciplinary program at Sussex II state prison, which rewards groups of inmates with privileges if the group meets specified standards for ...

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