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Opinion Digests

Workers' Comp – Change In Condition – Medical Record Of Disability (access required)

Although claimant continued medical treatment upon his return to work after his compensable cervical spine injury, office notes from his original treating physician and from a neurologist to whom he was referred make no mention of additional disability after his ...

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Commercial – Liability On Notes – Demand Note – Good Faith – ECOA (309833) (access required)

1994 V.C.C. (VLW 094-8-201) Phillips v. Leesburg Town Municipal FOIA – Town Council Meeting Where petitioner, who seeks injunctive relief under the Virginia Freedom of Information Act, Va. Code § 2.1-344.1, alleges in his supporting affidavit only that the town ...

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Domestic Relations – Child Support – Handicapped Adult Son (access required)

Although the father argues that because his handicapped adult son is eligible for and is receiving state or federal disability benefits, the father is not required to pay additional support for the son, the statute cited by the father, Va. ...

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Negligence – Auto Accident – Damage Instruction – Special Damages (access required)

Although plaintiff passenger, who was injured in an automobile accident, argues that the jury verdict of $880.40 reflects a disregard for the court’s instruction on damages, the court concludes that the jury here might have concluded that the injuries suffered ...

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Civil Practice – Rule 1:1 – Sanctions Time Limit (309881) (access required)

1994 V.C.C. (VLW 094-8-265) Lutz v. Perch Domestic Relations Child Support Modification – Imputed Income – Part-Time Work – Deviation From Guidelines Although wife formerly worked full-time for a medical center but now works half-time as a nurse on call ...

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Negligence – Auto Accident – Excessive Jury Verdict – Facial Scar (access required)

Although the nine-year-old plaintiff’s medical expenses for a cut on his forehead were only $1,589.25, the trial court declines to set aside as excessive the jury verdict of $50,000 for plaintiff. The evidence established that the resulting scar cannot be ...

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Workers' Comp – Occupational Disease – Carpal Tunnel – Tenosynovitis (access required)

Where claimant’s treating physician describes his tenosynovitis and carpal tunnel syndrome as “due to occupational disease problems” and “occupational disease related,” and there is no contradictory evidence, we find that the claimant’s tenosynovitis and carpal tunnel syndrome are diseases. We ...

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Commercial – ECOA – Guarantee – Good-Faith Duty (access required)

Where the bank learned during loan negotiations that a number of assets the borrower listed in his personal financial statement in fact were jointly owned with his wife, the bank’s requirement that the wife also execute a personal guarantee of ...

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