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 [...]
Category Archive for 'Civil Cases'
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 [...]
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 [...]
An inadvertent notation on bankruptcy petitions may have tripped up a car-crash defendant, but the victim’s underinsured motorist carrier is not bound by the resulting summary judgment, the Supreme Court has ruled. The Nov. 1 decision in Transportation Insur. Co. v. Womack should comfort insurance companies with UIM exposure fearful of going down with the [...]
A medical malpractice survival action arose from the same “cause of action” as a previously nonsuited wrongful death claim, so the statute of limitations does not bar the new lawsuit, the Supreme Court ruled Friday. The decision reverses the trial court’s dismissal of the Richmond Circuit Court suit in McKinney v. Virginia Surgical Associates PC. [...]
A counseling center can provide homeless people with meals, showers and laundry service, the Supreme Court of Virginia says. The non-residential center’s additional services were not illegal “accessory” services under the local zoning ordinance, the court said in a June 7 unpublished order. In Lamb Center v. City of Fairfax, the court unanimously reversed a [...]
A lawyer who discovered the other shareholder in her two-person firm was writing checks to family members on the firm’s trust account can sue on behalf of their professional corporation, the Supreme Court of Virginia said on April 20. Read the full story here.
“Mirror-image” language in reciprocal wills is not enough to keep a surviving spouse from diverting a stepchild’s inheritance, under a new decision released today by the Supreme Court of Virginia. When Arvid and Lucy Keith married in 1972, each had a child from a prior marriage. In 1987, the Keiths made wills that were “mirror [...]
An assistant principal hit with a $1.25 million negligence award after he failed to act on a warning about a fight at his high school now faces a new trial on a claim of gross negligence. In 2010, a Gloucester County Circuit Court awarded $5 million in damages to Gregory Joseph Gagnon in his suit [...]
A woman who fell into an open manhole while walking her dog cannot sue the contractor whose employee was on his way to her house to warn her about the manhole. The Supreme Court of Virginia agreed on March 30 the case could be thrown out on contributory negligence. Elizabeth Badawy left her townhouse to [...]