Wills & Trusts - Marital Home Mortgage - Joint Tenancy - Second Wife
Published: January 12, 2009
In a case of apparent first impression, a Fairfax Circuit Court holds an estate is not liable for a debt underlying a deed of trust entered into solely by decedent and secured by real property decedent and his surviving second wife held as tenants in the entirety with right of survivorship.
Estate of Cornelius A. Dolby [...]
Mechanic’s wrist crushed when jack collapses under trailer - $1,000,000 Settlement 
Published: January 12, 2009
The plaintiff, an employee of a large truck stop in Hanover County, sued the distributor of a hydraulic jack used to change tires on tractor-trailers after he suffered a crushed wrist when the jack failed. The plaintiff purchased two new jacks manufactured by a Chinese company and distributed by the defendant.
On the date of the [...]
Police recruiting firm contends designer fails to deliver Web site - $1,138,500 Verdict
Published: January 12, 2009
Blue Line Media owned an Internet law enforcement recruiting business located at www.lawenforcementjobs.com. Blue Line hired Redmon Group to design, build and deliver a custom Web site for the company. Redmon Group estimated the project would cost $598,441.
Under the Virginia Uniform Computer Information Transactions Act, incorporated into the contract by law, Redmon Group had [...]
Boilermaker’s mesothelioma traced to asbestos gaskets in Navy ships - $4,390,000 Verdict
Published: January 12, 2009
John Koonce worked at the Norfolk Shipbuilding & Dry Dock Company from 1968 to 1971 as an apprentice boilermaker in the boiler rooms of Victory ships and Liberty ships that were being refurbished for use in the Vietnam War. The daily routine included the fabrication of asbestos gaskets and the removal of asbestos gaskets. [...]
Buyer’s due diligence scuttles fraud claims
Published: January 12, 2009
An accountant who did his own due diligence before buying a Chesapeake accounting firm cannot blame the seller for the buyer’s failure to uncover issues he said led to the loss of the firm’s largest client.
The seller initiated suit on a $145,000 promissory note given in partial payment for the firm. The buyer counterclaimed for [...]
Insurance - Liability - ‘Resident Relative’ – Notice
Published: January 12, 2009
A young man killed in an auto accident who was staying temporarily with his parents until he could move into a friend’s house was not a “resident relative” and does not have coverage under his parents’ insurance policy, a Chesterfield Circuit Court rules.
The court finds the case law presented by Farmers Insurance to be persuasive. [...]
Domestic Relations - Termination Of Parental Rights - Independent Living
Published: January 12, 2009
Although mother said she went to counseling, kept a stable living environment and employment and adequately cared for her second child, the Court of Appeals affirms a trial court judgment that termination of the mother’s parental rights was in the best interests of her first child.
The maternal grandmother asked DSS to take custody of the [...]
Bills discharged in bankruptcy can’t be used
Published: January 12, 2009
In a ruling hailed by personal injury defense lawyers, a Norfolk federal magistrate judge has rejected an injured motorist’s effort to claim medical bills that were discharged in bankruptcy court.
Wesley Payne claimed he was hurt in 2007 when his car collided with another in Virginia Beach. Nine months later, Payne filed for Chapter 7 bankruptcy [...]
Criminal - Child Neglect & Abuse - Scalded Infant
Published: January 12, 2009
A mother who failed to take her infant to the hospital but left him in the care of her boyfriend, who had scalded the child with hot water, has her conviction of child abuse and neglect affirmed by the Court of Appeals.
A pediatric child abuse expert testified that the baby had second-degree burns on his [...]
Domestic Relations - Equitable Distribution - Property Classification
Published: January 12, 2009
A divorce court did not err, as wife contends, in refusing to give wife credit for the full amount of post-separation mortgage payments on the marital home, according to the Court of Appeals.
After the parties separated, husband left and wife continued to live in the marital home. She conceded she had exclusive possession of the [...]
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