Negligence - Premises Liability - Third-Party Assault - Social Guest 
Published: September 1, 2008
A tenant’s guest who was attacked by a trespasser to the apartment complex can sue the complex owners and managers, who allegedly had claimed enhanced security at the complex, for negligence and as a third-party beneficiary of the contract between the tenant and the landlord, a Loudoun County Circuit Court rules.
Plaintiff seeks recovery against defendants [...]
Traffic Offenses - DUI - Certificate - Breathalyzer Equipment - Calibration
Published: September 1, 2008
A Roanoke County Circuit Court denies a DUI defendant’s motion to exclude a certificate of analysis, challenged by defendant as not supported by adequate proof from the commonwealth on the accuracy of the breath-testing device.
The maintenance history for the device shows the instrument was serviced and certified on Feb. 28, 2007, as stated on the [...]
Partnerships - Accounting - Additional Defendants
Published: September 1, 2008
A Roanoke County Circuit Court denies plaintiff’s motion to amend his suit for a partnership accounting to add new individual defendants whom plaintiff now alleges are partners, after the statute of limitations has run against these defendants on plaintiff’s contract and fraud claims.
Since plaintiff’s theory of the case is that individual partners took funds they [...]
Contract - Parking Lot Design - Economic Loss Rule
Published: September 1, 2008
A parking lot designer cannot use the “economic loss rule” to persuade a Fairfax Circuit Court to dismiss plaintiff recycling business’s suit alleging breach of contract/professional negligence.
Defendant demurs, arguing that the economic loss rule precludes plaintiffs from asserting a professional negligence claim because defendant’s only obligation to plaintiffs arises from the parties’ contract, and plaintiffs’ [...]
Administrative - Sexual Abuse Finding - Consistent Account
Published: September 1, 2008
The Court of Appeals upholds an administrative law judge’s finding that appellant sexually abused a child in his care, based on the child’s repeated and consistent reports that appellant fondled the child’s genital area on several occasions.
The police officer to whom the child initially spoke regarding the accusations noted the child was “scared to death,” [...]
Criminal - Informant Tip - No Taillights
Published: September 1, 2008
A known informant who reported to a deputy that the informant had observed a silver Toyota, with a specific tag number, traveling with no taillights activated, did not provide a basis for the deputy to stop the vehicle, even though the vehicle had its lights on and was not driving erratically by the time the [...]
Criminal - Trespass - Ban From Property
Published: September 1, 2008
Although defendant argued the commonwealth failed to prove that a “No Trespass” sign had been posted by the true owner of the property where defendant was apprehended, and thus failed to prove defendant was banned from the property, the Court of Appeals upholds defendant’s conviction for trespass under Va. Code § 18.2-119.
It is undisputed that [...]
Administrative - Welfare Benefits Suspension - Job Search
Published: September 1, 2008
The Court of Appeals affirms suspension of appellant’s benefits under the Temporary Assistance for Needy Families program, as a sanction for appellant’s failure to comply with the Virginia Initiative for Employment not Welfare job search requirements.
We conclude the evidence, taken as a whole, was such that a reasonable mind would not necessarily reach a different [...]
Domestic Relations - Third-Party Visitation - Adult Child
Published: September 1, 2008
The Court of Appeals summarily affirms a trial court decision dismissing appellant’s third-party petition for visitation with a child who has reached 18 years of age, over which the circuit court had no jurisdiction.
A child is a person who is less than 18 years old. A JDR court and a circuit court and determine custody [...]
Search & Seizure - Traffic Stop - Noise Ordinance
Published: September 1, 2008
A police officer had a reasonable, articulable suspicion to stop defendant’s vehicle for a possible violation of the local noise ordinance, where the officer could hear loud music emanating from defendant’s car 100 yards away, and the Court of Appeals upholds the initial stop of the car as well as the search that led to [...]
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