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Opinion Digests

Domestic Relations – Child Support – RURESA – No Final Order (access required)

In this child support proceeding filed by a son under RURESA, the interstate child support act, the Court of Appeals has no jurisdiction to hear an appeal from a Circuit Court order that did not set either the amount of ...

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Traffic Offenses – Abstract Of Driving Record – Scrivener's Error – Wrong Court (access required)

An habitual offender adjudication is upheld even though the Department of Motor Vehicles abstract of the respondent’s driving record misidentified one DUI conviction as originating in Lynchburg General District Court, rather than in the Lynchburg Circuit Court. At the habitual ...

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Employment – State Employee Grievance – Secretary's Reclassification (access required)

Where plaintiff, a secretary for a state agency, alleges that she was required to perform work in a higher grade level than she was classified, this allegation falls under the definition of a grievance in Va. Code § 2.1-114.5:1(A)(ii) and ...

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Zoning – 'Church' Activities – Daycare Center (access required)

Although the Board of Zoning Appeals heard conflicting evidence on the extent to which certain property in their area was open on Sundays for regular church activity, the Board’s decision that the “Love Outreach Ministries” conducted at the property is ...

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Medical Malpractice – Statutory Cap – Physicians' Employers (access required)

Two physicians’ groups, private corporations that employed the defendant physicians, are potentially independent tortfeasors and are not “health care providers” under the Virginia Medical Malpractice Act; the corporations therefore are not subject to the statutory $1 million cap on damages. ...

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Domestic Relations – Child Custody – Mother's Out-Of-State Move – Mother's Remarriage (access required)

Although both mother and father enjoy a close relationship with their eight-year-old son and four-year-old daughter, the court awards custody of the children to the father because the mother’s proposed relocation to California after her impending remarriage is not in ...

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Civil Practice – Nonsuit – New Facts Alleged (access required)

A slip-and-fall plaintiff who originally alleged that defendant breached a duty owed to her as an invitee by his negligent conduct may not amend her premises-liability complaint to now state a claim for negligence per se because the separate claim ...

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Medical Malpractice – Medical Records Disclosure – Conspiracy – Limitations (access required)

A woman’s tort action alleging improper disclosure of confidential medical records survives the hospital’s summary judgment motion based on the statutory waiver of physician-patient privilege that applies when a plaintiff places her own condition at issue in a lawsuit. The ...

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Workers' Comp – Jurisdiction – Fee Request – N.C. Provider (access required)

The commission has jurisdiction to decide claimant’s fee request even though claimant received his medical care for his work-related injury at a hospital in North Carolina. Virginia Code § 65.2-718 specifically grants jurisdiction to the commission to determine and award ...

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Workers' Comp – Arising Out Of – Maintenance Man – Fatal Shooting (access required)

A building maintenance man’s fatal shooting from a stray bullet while he was in a car arose out of his employment because the man was required to travel from the maintenance company’s main office to the building, and he was ...

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