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Opinion Digests

Property – Pipestem Easement – Summary Judgment (access required)

Where a developer, on behalf of two purchasers who appeared to be left without vehicular access to the lot they purchased, sued the owners of adjacent lots on a cul-de-sac, the trial court erred in granting summary judgment in favor ...

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Negligence – Auto Accident – Jury Instruction – Sudden Emergency (access required)

Although evidence indicated that defendant’s car came through an intersection, causing plaintiff to swerve and strike a guardrail, because defendant’s engine stalled and he lost powers in his power-assisted brakes, defendant was not entitled to a jury instruction on “sudden ...

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Negligence – Workers' Comp Bar – Student Intern – Horse Farm – Dog-Bite (access required)

Where plaintiff, while employed as a “working student” at defendant’s horse farm, was severely bitten by a Doberman pinscher owned by plaintiff’s roommate, another working student, this injury did not “arise out of” plaintiff’s employment at the farm, and the ...

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Criminal – Cocaine Distribution – Selling Near School Yard – Prior Act (access required)

Where the trial court allowed into defendant’s trial for distributing cocaine within 1,000 feet of a school evidence that defendant was seen exchanging something with an unidentified man approximately 20 minutes before the alleged sale with which he was charged, ...

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Domestic Relations – Imputed Income – Unemployed Spouse – Joint Legal Custody – Pensions (access required)

Where the trial court awarded wife a monetary award which included 50 percent of the marital share of husband’s pension, this award is affirmed despite husband’s argument that the award unfairly gave wife a percentage based upon his higher contributions ...

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Workers' Comp – Impeachment – Supervisor's Testimony (access required)

Although claimant contends that she failed to impeach the employer’s witness at the initial hearing before the commission, and that the commission’s decision should have been vacated so she could have another opportunity to impeach the witness, the commission did ...

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Workers' Comp – Muscle Strain – Objective Evidence (access required)

Where a panel of this court originally reversed the commission’s denial of benefits because the commission had mistakenly found in the evidence no objective symptoms of injury, but on remand, the commission still was not persuaded that claimant was entitled ...

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Criminal – Evidence – Marijuana Distribution – Brady Material (access required)

Although defendant contends the prosecution did not comply with Brady v. Maryland, 373 U.S. 83 (1963), when it failed to provide him, prior to trial, with a copy of a prosecution witness’ arrest record, but defendant fails to point to ...

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Criminal – Indictment Amendment – Change Of Victim (access required)

Where the trial court allowed the commonwealth, on the morning of the scheduled trial prior to arraignment and jury selection, to amend the robbery and use of a firearm counts by changing the name of the victim from Luong Nguyen ...

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