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Opinion Digests

Domestic Relations – Custody – Split Custody (access required)

Where the trial court specifically addressed the factors of Code § 20-107.2 and ordered a scheme of split custody that it concluded would best counteract the problems that it believed jeopardized the child’s maintaining a healthy relationship with each parent, ...

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Criminal (309173) (access required)

Cocaine Possession Although no crack cocaine was recovered from defendant when he was picked up by officers several minutes after his purchase of drugs with an undercover agent, there nevertheless was sufficient evidence to convict defendant of cocaine possession where ...

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Property – Corporate – Association Dues – Restriction On Voting Rights – Deed Of Dedication (access required)

Where the subdivision lot owners defend this action by the lot owners’ association for past dues by arguing that the association it not a “legally formed entity” and that its articles of incorporation are fatally inconsistent with the deed of ...

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Products Liability (access required)

Crashworthiness Doctrine Where plaintiff was injured when another vehicle struck plaintiff’s 1988 Honda Accord while attempting a left turn in front of plaintiff, and plaintiff alleges, among other claims, that his vehicle was not “crashworthy” under standards applicable to automobiles ...

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Domestic Relations – Spousal Support – Refusal To Impute Income (access required)

Although it is possible to ascertain that wife, who is a licensed practical nurse and has worked as an independent contractor, is capable of earning additional income and child care for the parties’ children clearly is available, the circuit court ...

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Medical Malpractice – Statute Of Limitations – Foreign Object Left In Patient – Amendment Retroactive (access required)

Where the General Assembly in 1986 added § 8.01-243(C) to the Virginia Medical Malpractice Act to “extend” the limitations period for filing an action arising out of a foreign object having been left in the patient’s body, that amendment applies ...

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Domestic Relations – Constructive Desertion – Performance Of Wife's Duties (access required)

Although husband contends wife is guilty of constructive desertion, testimony by husband’s own witnesses at the commissioner’s hearing indicates wife did not completely abandon all her marital duties, and husband is denied a divorce on the ground of wife’s constructive ...

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Negligence – Duty To Warn – Newspaper Delivery – Emotional Distress – Fraud – Physical Injury (access required)

Although plaintiff newspaper carrier was an independent contractor, that status did not relieve defendant publisher of a duty to warn the carrier of hidden dangers associated with delivering newspapers and defendant’s demurrer on that basis is overruled. Defendant publisher has ...

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Workers' Comp – Occupational Disease – HIV Infection – LPN – Multiple Sources Of Exposure (309285) (access required)

1994 W.C. Comm. (VLW 094-10-08) White v. New York Mets Workers’ Comp Pro Baseball Player – Jurisdiction – Contract Where claimant, a professional baseball player, originally entered into a seven-year contract with the Los Angeles Dodgers, which later was assigned ...

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Jurisdiction – Environmental – Negligence – Subject Matter Jurisdiction (access required)

Although plaintiff landowners, who have property within a one-and-one-half mile radius of a chemical company, cited several federal environmental statutes as a basis for their state court action alleging negligence per se, we find that plaintiffs’ reference to federal environmental ...

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