Negligence - Auto Accident - Discovery - Witness Statements 
Published: January 19, 2009
In this wrongful death suit by the estate of a passenger whose vehicle was rear-ended by defendant paving company’s dump truck, a Suffolk Circuit Court says plaintiff can have statements made by witnesses and defendants to insurance investigators after the accident.
Plaintiff seeks discovery of statements concerning the accident made by witnesses and defendants to investigators [...]
Negligence - Auto Accident - Police Car - Voir Dire
Published: January 19, 2009
The estate of a woman killed when she attempted to enter a highway and her vehicle was struck by a vehicle driven by an off-duty police officer at a high rate of speed, without emergency lights, cannot overturn a defense verdict for the officer with challenges to the jury selection or jury instructions, a Roanoke [...]
Domestic Relations - Adultery - ‘Negative Nonmonetary Factor’
Published: January 19, 2009
A husband’s adultery had a negative nonmonetary impact on a couple’s marriage where wife refused to use the couple’s million-dollar Corolla beach house after discovering it was the site of husband’s many liaisons, and a Loudoun County Circuit Court grants wife a divorce on grounds of husband’s adultery and gives husband the beach house and [...]
Civil Procedure - Choice Of Law - Student Loans
Published: January 19, 2009
In this suit against a student loan borrower and the co-signor on one of the borrower’s loans, a Fairfax Circuit Court says Ohio’s 15-year statute of limitations, not Virginia’s five-year statute, applies and defendants’ plea in bar is overruled.
Ultimately, the language of the contract controls. Both notes state: “You are located in Ohio. This Promissory [...]
Domestic Relations - Adultery - Unfinished Marital Home
Published: January 19, 2009
A Fairfax Circuit Court grants wife a divorce on grounds of husband’s adultery based on husband’s admissions, and finds the unfinished marital home in McLean, with a projected value of $3.8 upon completion, has an “as is” value of $3.3 million and a negative equity of $200,000.
Wife has a law firm partnership interest valued at [...]
Negligence - Accident - Corroboration
Published: January 19, 2009
An Amherst County Circuit Court overrules defendant’s motion to set aside a p.i. verdict for plaintiff on the ground that there was not sufficient corroboration of plaintiff’s testimony as required by Va. Code § 8.01-397.
The photographs of the scene of the accident depicting the location of the vehicles, the alignment of the road, damage to [...]
Criminal - Death Penalty - Eigth Amendment
Published: January 19, 2009
A Prince William County Circuit Court rejects defendant’s challenge to Virginia’s death penalty statute on Eighth Amendment grounds, in light of the U.S. Supreme Court’s ruling in Baze v. Rees, 553 U.S. __ (2008).
Based upon the controlling authority on this particular subject, the court finds the Virginia death penalty statutes are constitutional. Specifically, this court [...]
Insurance - Title Insurance - CRESPA - Private Remedy
Published: January 19, 2009
A settlement company that allegedly breached its contract to serve as plaintiff’s agent for procurement of title insurance cannot be liable under CRESPA for alleged breaches of the Issuing Agency Contract under a settlement agent bond furnished by the settlement company, as CRESPA does not provide a private cause of action, a Fairfax Circuit Court [...]
Artery cut in surgery for meniscus tear - $500,000 Verdict (plus interest)
Published: January 19, 2009
Plaintiff was a 69-year-old woman who underwent an arthroscopic surgery of her right knee on Sept. 21, 2006, for a mild tear of her medial meniscus and removal of several posterior “loose bodies.”
The plaintiff’s expectation was that she would be home within four to five hours after the out-patient procedure. Unfortunately, her popliteal artery and [...]
Insurance - Business Auto Policy - Owner’s Family Coverage
Published: January 19, 2009
A business auto policy for a roofing company is not ambiguous and there is no UM/UIM coverage for the fatal motorcycle accident of the business owner’s daughter; on an issue of apparent first impression, a Prince William County Circuit Court says the inclusion of the “family member” in a UM/UIM mandatory endorsement does not render [...]
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