Real Estate - Church Property – Church ‘Division’ 
Published: April 14, 2008
In this dispute over ownership of property on which are situated Episcopal churches that wish to dissociate from the Episcopal Church of the U.S. and the Diocese of Virginia, a Fairfax Circuit Court finds that a “division” has occurred under Va. Code § 57-9, which governs determination of property rights on “division” of a church [...]
Medical Malpractice - Limitations - Practice As Defendant
Published: April 14, 2008
A circuit court overrules a plea of the statute of limitations based on defendant’s contention that there is a distinction between the doctor’s medical practice as a defendant, and other agents or employees of that practice.
The heart of the issue is whether a claim of negligence against the practice is different from a claim against [...]
Unemployment Comp - Perfecting Appeal - Necessary Party
Published: April 14, 2008
A circuit court dismiss claimant’s appeal of a denial of unemployment benefits because claimant has failed to perfect his appeal by naming all the necessary parties.
Plaintiff’s filing and complaint name Norma C. Turner of the commission as the only defendant. The statutory authority granting plaintiff a right to seek judicial review states: In such action [...]
Negligence - Workers’ Comp Bar - Truck Driver
Published: April 14, 2008
A circuit court overrules defendant’s plea of the workers’ comp bar to a suit by a truck driver who was injured when he slipped on snow and ice but his own employer had no responsibility for property maintenance or snow and ice removal.
Plaintiff is employed as a truck driver for USF Logistics Inc. USF leased [...]
Environmental - Pollution Permit - Sulfur Dioxide
Published: April 14, 2008
An electric power company loses its appeal of an award of a permit by the State Air Pollution Control Board that set limits on the emission of sulfur dioxide from the company’s Potomac River Generation Station in Alexandria owned by the power company.
Appellee, the State Air Pollution Control Board, according to the authority and duties [...]
Domestic Relations - Adultery - Babysitter Testimony
Published: April 14, 2008
A circuit court finds husband has proved wife’s adultery by clear and convincing evidence, based not only on testimony, observations and photographs provided by two private investigators hired by husband, but also through testimony of the parties’ babysitter for 20 years, who testified that wife had confided the details of the affair to her and [...]
Employment - Public Employee - Grievance Procedure
Published: April 14, 2008
A circuit court dismisses a petition filed by a city employee requesting implementation of an employee grievance panel decision that her employment should be reinstated after she was terminated based on alleged misrepresentation on an application for emergency food stamps.
The Personnel Board of the City of Richmond found that the employee’s actions violated Personnel Rule [...]
Administrative - College Tuition - Domicile - In-State Status
Published: April 14, 2008
A circuit court upholds a decision by the Residency Committee of Virginia Commonwealth University denying in-state tuition to a student who has not overcome the presumption that she came to Virginia from New York state for the purpose of attending school and not as a domiciliary.
Here, the evidence shows through the only witness to testify, [...]
Negligence - Municipal - Fireman’s Rule - Police Pursuit
Published: April 14, 2008
A police officer who was assisting in a high-speed chase to stop a suspect who had eluded a number of county officers, and who encountered a John Doe driver traveling on the wrong side of the highway, prompting the officer to take evasive action and crash his police vehicle, resulting in permanent and disabling injuries [...]
Contract - Mechanic’s Lien - ‘Lot’ - Apportionment
Published: April 14, 2008
Although the circuit court agrees that the “parcels” as well as “lots” of a subdivision should have been included in plaintiff’s memorandum of mechanic’s lien, and the amount should have been apportioned over the total lots or parcels, rather than just the 299 lots described in the memorandum, the court refuses to invalidate the mechanic’s [...]
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