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Author Archives: Virginia Lawyers Weekly

Tort/Negligence – Contributory Negligence – Auto Accident – Proper Lookout (access required)

Where the trial court set aside a jury verdict for plaintiff on the ground that because her vehicle was two and one-half lengths away from the intersection when defendant entered the intersection, plaintiff’s failure to observe defendant’s vehicle constituted contributory ...

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Tort/Negligence – Medical Malpractice – Limitations (access required)

Where plaintiff alleged that defendant physician misdiagnosed endometriosis and prescribed a course of treatment which caused her deleterious side effects, the trial court erred in granting the defendant summary judgment based on his claim that her suit was untimely because ...

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Tort/Negligence – Medical Malpractice – Instrument Sterilization – Physical Injury (access required)

Where plaintiff was told by her surgeon that her hand surgery was possibly performed with unsterilized instruments, and her physicians prolonged her hospital stay and prescribed intravenous antibiotics necessitated by the risk of infection from the unsterilized instruments, and plaintiff ...

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Workers' Comp – Limitations – Equitable Estoppel (access required)

Although the employer claims on appeal to this court, that the court of appeals 1) applied an improper standard to the question whether the employer was equitably estopped from invoking the statute of limitations; 2) erroneously found that the case ...

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Zoning – Site Plan Denial – Commercial Offices – Transportation Plan Ordinance – Dillon Rule (access required)

Where the City of Alexandria failed to give two notices of the planning commission hearing concerning adoption of a Transportation Management Plan ordinance, and the city charter is silent with respect to notice for planning commission hearings and requires one ...

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Real Property – Condemnation – Withdrawal After Lapse Of Appeal Period (access required)

Where the county board of supervisors waited until after the landowners had filed a notice of appeal from the order entered in the condemnation proceeding to withdraw the condemnation proceedings and offer to pay the landowners’ costs, this attempt at ...

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