Posted in Civil Cases, Unpublished Orders on Jan 25th, 2013
A fight over an easement left one owner with restricted access to a public road, as the Supreme Court of Virginia said the easement had been extinguished by a prior owner’s purchase of both parcels. The 35-foot wide easement was created by a 1976 deed. Randolph Gaster acquired the two neighboring parcels in 2009. Because [...]
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Posted in Civil Cases, Unpublished Orders on Jan 25th, 2013
In Smith v. Owens, the Supreme Court reversed a judgment for a home builder against a woman who had not signed a contract she and the co-owner allegedly jointly negotiated with the builder. Both owners, Walter Smith and Sarah Hill, were named in the contract, but Hill did not sign the contract. When contractor Carter [...]
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A mother’s defective legal pleadings prevented her birth-injured daughter from suing for medical malpractice, because the mother joined her daughter’s claim to the mother’s own claim. The suit alleged injuries from shoulder dystocia during the child’s birth on Jan. 1, 2000. Under Va. Code § 8.01-243.1, the child had until her 10th birthday to file [...]
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