A fight over a contractor’s right to excavate on Montgomery County property is coming back from the Supreme Court of Virginia. The high court revived the contractor’s summary judgment win on claims for business conspiracy and malicious prosecution, and sent the case back for a trial on damages, including treble damages and attorney’s fees for [...]
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Posted in Unpublished Orders on Mar 15th, 2012
The Supreme Court of Virginia has refused to hear an appeal in a case where a daughter overturned her father’s will and stands to inherit nearly $2 million under a 15-year-old contract between her parents for her benefit. A Hanover County jury last May determined the parents’ written agreement to leave their wealth to the [...]
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A customer who sued Best Buy after he tripped over the base of a shopping cart has lost his appeal in the Supreme Court of Virginia. Charles Stanley Hawvermale, age 79 at the time of the alleged injury, wanted a human factors engineering expert to testify that a person typically would focus on bright markings [...]
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Posted in Unpublished Orders on Feb 21st, 2012
A skateboarder who watched a vehicle heading toward a crosswalk but kept on skating could not recover for his arm and wrist injuries because of his contributory negligence. On Feb. 17, the Supreme Court of Virginia upheld a Norfolk Circuit Court’s decision striking the skater’s personal injury claim because he continued across a crosswalk as [...]
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Posted in Unpublished Orders on Feb 17th, 2012
The Supreme Court has reaffirmed its refusal to allow courts to use two ancient common law writs to undo criminal convictions likely to bring deportation for immigrant defendants. Two Fairfax County circuit judges allowed the defendants to reopen their cases, finding in both cases the defense lawyers had failed to advise the defendants of the [...]
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Posted in Unpublished Orders on Jan 31st, 2012
In a case fraught with separation of powers issues, the Supreme Court of Virginia has refused to block or review a lawsuit challenging the General Assembly’s congressional redistricting plan . In a pair of orders issued Tuesday, the court both denied a writ of prohibition and denied an appeal of the decision by Richmond Circuit [...]
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The widow of a construction worker who died after a work-related accident gets another chance to sue for negligence after the Supreme Court of Virginia reversed a trial court decision applying the workers’ comp bar. Cecilia Rodriguez filed a wrongful death suit after her husband, Ubaldo Rodriguez, died from injuries he received on a commercial [...]
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A property owner who signed an “Asset and Authorization Card” to allow a contractor to remove storm-damaged trees was not bound by a written contract, the Supreme Court of Virginia says. In a Dec. 9 unpublished order in Hall & Wilson Construction Inc. v. Bowers, No. 101566, the high court upheld a Chesterfield County Circuit [...]
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Posted in Unpublished Orders on Oct 31st, 2011
With all the seats on the Supreme Court of Virginia filled, the high court is back to hearing five days of oral arguments this week for its November session. It lightened its load a little last week, disposing of three more cases by unpublished order. A construction worker who was paralyzed on the job waived [...]
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Posted in Civil Cases, Unpublished Orders on Oct 21st, 2011
A nursing home that tried to collect on a resident’s bill has lost its appeal to the Supreme Court of Virginia. In INOVA Health Systems Servs. Inc. v. Bainbridge, the facility pursued Susan Bainbridge, who held a power of attorney for the elderly resident, who allegedly had used the resident’s money for her own benefits. [...]
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