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Opinion Digests

Negligence – Auto Accident – Intersection Accidents During Rainstorm – Conflicting Testimony (309863) (access required)

1994 V.C.C. (VLW 094-8-212) Sherman v. Sherman Domestic Relations One-Year Separation – Reconciliation – Cohabitation Resumed Where the parties agreed in October 1992 that they would “divorce/separate” while continuing to both reside in the three-level house, and they attempted to ...

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

Where the court in its order awarding damages in favor of plaintiff expressly separated and reserved for separate disposition plaintiff’s motion for sanctions under Va. Code § 8.01-271.1, the 21-day limit on court action following entry of the judgment order ...

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Insurance – Medical Expenses – Timeliness Of Medical Payments (309895) (access required)

1994 V.C.C. (VLW 094-8-220) Jensen v. Jensen Domestic Relations Equitable Distribution – Personal Injury Proceeds Although wife deposited proceeds from settlement of a personal injury suit that arose prior to the marriage into a joint account, from which she purchased ...

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

Of Disease Where claimant’s treating orthopedic surgeon opined that claimant’s bilateral carpal tunnel syndrome met the definition of a disease as stated in Black’s Law Dictionary, and the employer offered no objection or any motion for leave to cross-examine the ...

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Workers' Comp – Slip & Fall – Custodian – Stairs Being Swept (access required)

Where the 41-year-old school custodian was backing down the steps she was sweeping with a broom in her hand, and she “misstepped” and fell, injuring her back, her injuries are compensable. This claimant was not just descending steps in a ...

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Criminal – Sentencing – Enhancement For Firearm Transfer (access required)

Although defendant contends he did not know the neighbor he sold guns to passed the guns on to be used in specific criminal offenses, there was sufficient evidence, based on defendant’s stipulation that he knew the drugs were being distributed ...

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Criminal – Firearm Possession By Felon – N.C. Law – Sawed-Off Shotgun (access required)

Although a North Carolina statute governing firearm possession by convicted felons permits “any person to have possession of a firearm within his own home or place of business,” this statute did not permit defendant to keep in his home a ...

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Employment – Benefits – Health Insurance – Experimental Cancer Treatment (access required)

Although the employee health insurance plan’s “Summary Plan Description” does not define “experimental” or “investigative” treatment for which coverage is excluded, the plan’s application of the detailed definition of these terms in the official plan document to exclude coverage for ...

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Criminal – Expungement Of Record – Fraudulent State Department Vouchers (access required)

Although defendant, who was convicted of submitting false lodging vouchers to the U.S. State Department, contends that she has made restitution and completed her probation and her alcohol treatment program, but that her criminal record is an impediment to continued ...

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