A higher tolerance?

Plaintiff entitled to $19M in additional tax credits for property – $19,000,000 Verdict

By Virginia Lawyers Weekly
Published: May 17, 2013
Tags: Albemarle County Circuit Court, Million-Dollar Verdicts, Real Estate, Taxation

This case stems from the conservation tax credit program codified under Virginia law at Code § 58.1-512. Under that program, when a grantor donates land for conservation purposes, the Department of Taxation is to issue tax credits in an amount equal to 40 percent of the land’s fair market value. Virginia is one of relatively [...]

Developers, state sparred over conservation tax credits

By Peter Vieth
Published: May 17, 2013
Tags: Albemarle County Circuit Court, Million-Dollar Verdicts, Real Estate, Taxation

A court battle over the value of a patch of Albemarle County land has shed light on the often-secret and high dollar business of conservation tax credits and may be a guidepost for using expert appraisal witnesses. While other investors suffered huge losses when the real estate bubble burst in 2008, a Charlottesville developer and [...]

ABC agent hit with punitives, commonwealth found liable – $80,000 Verdict

By Virginia Lawyers Weekly
Published: April 8, 2013
Tags: Albemarle County Circuit Court, Judge Cheryl V. Higgins, Personal Injury

The plaintiff was involved in a rear-end accident with the defendant, who was an intoxicated ABC agent. The defendant drank at least six beers in a three-and-a-half hour period immediately preceding the accident and had a BAC of 0.16. He claimed that he was performing undercover observations and is permitted to consume alcohol on the [...]

‘Urban chickens’ at center of Albemarle zoning lawsuit

By The Associated Press
Published: December 21, 2012
Tags: Albemarle County Circuit Court, Zoning

CHARLOTTESVILLE (AP) Alexander “A.J.” Miller bought the chickens to teach his son about sustainability. His Albemarle County neighbors complained about the sustained stench. Now Miller is going to court to fight to keep his dozen cluckers after being ordered to get rid of them. It’s the kind of clash that’s becoming more common as the [...]

High court hears record wrongful death appeal

By Deborah Elkins
Published: October 31, 2012
Tags: Albemarle County Circuit Court, Judge Edward Hogshire, Justice Cleo E. Powell, Justice Donald W. Lemons, Million-Dollar Verdicts, Sanctions, Social Media, Supreme Court of Virginia News

A man should not keep a jury award for his wife’s death when he and his lawyer conspired to remove photos from his Facebook page and then lied about it to the court, a defense lawyer told the Supreme Court of Virginia on Oct. 30. Probing for prejudice the defendant might have suffered, several justices [...]

Trucker’s son injured when vehicle overturned – $995,214 Settlement

By Virginia Lawyers Weekly
Published: July 23, 2012
Tags: Albemarle County Circuit Court, Personal Injury

Plaintiff was a 12-year-old boy riding as passenger in a logging truck operated by his father. Plaintiff’s father lost control of the logging truck, which ran off the highway and overturned. Logs penetrated the truck cab causing plaintiff significant injuries, including traumatic brain injury that included contusions in the left temporal lobe and left lateral [...]

Van-fire plaintiff can cite other fires

By Deborah Elkins
Published: June 14, 2012
Tags: Albemarle County Circuit Court, Justice Cleo E. Powell, Justice Cynthia D. Kinser, Justice Elizabeth A. McClanahan, Justice S. Bernard Goodwyn, Supreme Court of Virginia News, Wrongful Death

A Waynesboro family can use evidence of other fires in Ford Windstar minivans to sue Ford Motor Company for the wrongful death of their three-year-old daughter after their minivan caught fire in their driveway. Earlier, an Albemarle County Circuit Court said the family could not use evidence of other van fires they alleged had put [...]

Appendectomy didn’t remove appendix, caused colon problems – $1,500,000 Settlement

By Virginia Lawyers Weekly
Published: October 10, 2011
Tags: Albemarle County Circuit Court, Medical Malpractice, Million-Dollar Settlements

Plaintiff underwent an intended laparoscopic appendectomy which did not remove his appendix, but instead resulted in the transaction of his sigmoid colon. After two days of drainage to his abdomen through the open sigmoid, plaintiff became quite ill and returned to the UVA hospital. He underwent a nine-hour operation to find out what was wrong, [...]

ATV struck at Albemarle Fair – $1,425 Verdict

By Virginia Lawyers Weekly
Published: September 26, 2011
Tags: Albemarle County Circuit Court, Judge Cheryl V. Higgins, Personal Injury

Plaintiff was the operator of a Gator ATV at the Albemarle County Fair. The defendant, a game vendor, was exiting the fairgrounds in her SUV, pulling a 20-foot trailer. The plaintiff’s vehicle was stopped when the trailer came into contact with the rear of the Gator. Plaintiff testified in depositions that the Gator didn’t move [...]