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Opinion Digests

Workers' Comp – Injury By Accident – Back Injury While Shoveling (access required)

Where claimant testified that while she was shovelling cups into a hopper, she bent over to pick up another shovel full and when she started to raise the shovel and twist to throw the load into the hopper, she “felt ...

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Search & Seizure – Consensual Encounter – Cocaine Dropped From Pocket (access required)

Where defendant, who consented to the police officer’s request to exit his parked vehicle, reached into his vest pocket and dropped a small plastic “baggie” that appeared to contain cocaine on the ground, the cocaine was discovered during a consensual ...

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Search & Seizure – Traffic Offenses – 'Community Caretaker' (access required)

Where the police officer initially stopped defendant’s car after he observed the vehicle to be partly on the shoulder of the road and partly in a private yard, and the officer indicated he had no reasonable suspicion that defendant was ...

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Domestic Relations – Pension Benefits – Date Of Receipt (access required)

Where the final divorce decree provided that the wife would receive her 30 percent share of her husband’s state civil service pension “when [he] commences to receive a retirement benefit,” but the trial court later modified the decree to provide ...

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Criminal – Cocaine Distribution By Minor – Proof Of Minor's Age (access required)

At defendant’s prosecution for causing a juvenile to assist him in the distribution of cocaine in violation of Va. Code § 18.2-255, the trial court did not err in admitting into evidence a certified Circuit Court order to prove the ...

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Workers' Comp – Limited Work Capacity – Family Restaurant (access required)

Where claimant’s treating physicians treated him on at least 10 occasions over a two-year period after his work-related injury and documented his increased pain and deteriorating condition, and one of the physicians noted in a Dec. 18, 1992, report that ...

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Medical Malpractice – Wrongful Death – Suicide (access required)

Where liability was highly contested in a medical malpractice case against a doctor arising out of a psychiatric patient’s suicide, and plaintiffs’ evidence of suffering was uncontested, but the jury returned a verdict in favor of the plaintiff for funeral ...

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Landlord/Tenant – Liquidated Damages – Rent Reduction (309822) (access required)

1994 V.C.C. (VLW 094-8-210) Thompson v. Adamson Attorneys Sanctions Under Va. Statute – Interrogatory Answers Where complainants responded to interrogatories stating a bridge could not be constructed “due to the inability to get the proper permissions from various authorities as ...

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Products Liability – Fire-Retardant Plywood – Va. Consumer Protection Act – Economic-Loss Rule (access required)

Where a condominium association alleges defective fire-retardant plywood was used in the roofing of the condominium development’s common elements, and the association has sued the builder/declarant, the materials supplier and the manufacturer of the plywood, the Circuit Court on demurrer ...

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