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Opinion Digests

Domestic Relations – Child Support Arrearage – Contempt (access required)

Although appellant father contends the circuit court “summarily dismissed” his appeal from a contempt order for failure to pay child support, the record indicates the appeal was not dismissed, and the circuit court order finding the father guilty of contempt ...

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Negligence – Punitive Damages – Statutory Standard Not Retroactive (access required)

Where plaintiff’s automobile accident occurred on Jan. 30, 1993, she may not amend her motion for judgment to allege a claim for punitive damages against the defendant based on a 1994 statute that allows exemplary damages where a defendant has ...

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Negligence – Premises Liability – Apartment Repairs (access required)

Where defendant plumber’s employees were aware on two occasions when they were repairing bathroom pipes in an apartment above plaintiff’s that portions of plaintiff’s bathroom ceiling had fallen, plaintiff has established defendant’s negligence was responsible for her injuries resulting from ...

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Negligence – DUI – Punitive Damages – BAC Statute Not Retroactive (access required)

Where the traffic accident at issue in this personal injury case occurred in December 1992, the court will not retroactively apply a 1994 statute, Va. Code § 8.01-44.5, that allows for punitive damages in personal injury cases where the defendant ...

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Insurance – Attorney Theft – VSB Policy (access required)

Where the Virginia State Bar’s theft insurance policy provided for $250,000 in coverage “for any loss or losses caused by any partner(s) or Employee(s),” that policy limit applies “per lawyer” and not “per claim,” and the several claimants for $1.8 ...

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Domestic Relations – Equitable Distribution – Tracing – Wife's Jewelry (access required)

Where wife owned certain pieces of jewelry prior to the marriage, but had those pieces remounted or otherwise enhanced during the marriage, the pieces are part-separate and part-marital property. Wife owned a Rolex watch given to her by her previous ...

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Civil Practice – Protective Order – Statement To Claims Adjuster (access required)

Where a claims adjuster for defendant’s insurance company interviewed plaintiff the day after the parties’ automobile accident, the defendant is not entitled to a protective order to prevent plaintiff’s access to the interview statement given to the adjuster. The court ...

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Workers' Comp – Arising Out Of – Claimant Found At Bottom Of Stairs – Seizure Disorder (access required)

Where claimant, a 58-year-old part-time janitor, was discovered unconscious at the foot of the employer’s stairs, with a pre-existing seizure disorder, a compensable claim has been established The fall is essentially unexplained and we so find. There is no evidence ...

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