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Opinion Digests

Negligence – Charitable Immunity – Volunteer – Auto Accident (access required)

Where a volunteer driving an American Red Cross van was involved in an automobile accident, the estate of the van passenger, who died of unrelated causes, may not sue the volunteer for the accident because the Red Cross’s charitable immunity ...

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Attorneys – Sanctions Under Va. Statute – Interrogatory Answer On Expert Testimony – Deposition Costs (access required)

Where the lawyer for plaintiff, who is suing defendant stable for its alleged negligence in caring for plaintiff’s horse, traveled to Chile to take depositions of four expert witnesses designated by defendant, but the witnesses did not testify in the ...

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Taxation – Virginia Tax Credits – Corporate Franchise Taxes (access required)

Where the Virginia taxpayers claimed a credit under Va. Code § 58.1-332 on their personal income tax returns for tax years 1989 and 1990 for corporate franchise taxes paid for a sub-chapter S corporation located in Washington, D.C., the Virginia ...

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Unemployment Comp – Misconduct – Phony Payroll Records (access required)

Where claimant truck driver was discharged for submitting to his employer falsified payroll records which showed improperly inflated “detention” time spent waiting for trucks to be loaded and unloaded, claimant is not eligible for unemployment compensation because of this misconduct. ...

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Civil Practice – Discovery – Trial Deposition Of Plaintiff's Physician – Protective Order (access required)

Where defendant wishes to call as her witness a physician who treated the plaintiff one time before plaintiff sought other treatment, and plaintiff objects that defendant is required under Rule 4:10 to obtain an independent medical examination and may not ...

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Civil Practice – Res Judicata – Identity & Quality Of Parties (access required)

Although plaintiff townhome builder earlier filed products liability suits against defendants regarding defective fire-retardant plywood used in the roofs of plaintiff’s townhomes, and all claims against defendants were dismissed except for breach of warranty claims on which the manufacturer won ...

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Negligence – Insurance – Medical Payments Evidence (access required)

Where plaintiff was injured while a passenger in defendant’s car, and plaintiff’s medical expenses were paid prior to trial by defendant’s father’s automobile carrier, defendant is not entitled to a credit against the amount of plaintiff’s jury verdict for the ...

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Attorneys – Sanctions Under Va. Statute – Legal Malpractice Suit (access required)

Where plaintiffs’ legal malpractice suit alleges that defendant lawyer was negligent in failing to inform plaintiffs’ bankruptcy attorney about a consent judgment entered against them on the advice of defendant lawyer, but the suit as alleged has several deficiencies, the ...

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Workers' Comp – Slip & Fall – Risk Of Employment – Slick Floor (access required)

Although claimant, a hospital secretary, has been unable to identify the foreign substance on the floor at the time she slipped, that is not an essential element in her case, and we infer from her testimony that there was a ...

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