Court clears the way for deferred judgment

Biker hit by car settles – $300,000 Settlement

By Virginia Lawyers Weekly
Published: November 21, 2011
Tags: Alexandria Circuit Court, Personal Injury

A federal government security officer was injured while on a bicycle training ride near his home. His bicycle was struck by a car at a “Y” intersection when the defendant driver, without right of way, attempted to make a left turn. The impact threw the biker hit the defendant’s car roof on his way to [...]

Owners’ Association Scores Attorney’s Fees

By Deborah Elkins
Published: September 12, 2011
Tags: Alexandria Circuit Court, Judge Lisa B. Kemler, Real Estate, Virginia Circuit Courts

An Alexandria Circuit Court awards defendant condominium unit owners’ association $65,375 in attorney’s fees and $597 in costs under Va. Code Sec. 55-79.53(A), in a suit filed by an owner who sought compensation for property damage from a shower leak in her condo. On April 8, 2011, the circuit court granted summary judgment to the [...]

Heirs challenge capacity of woman to leave estate to charity – Defense Verdict

By Virginia Lawyers Weekly
Published: August 8, 2011
Tags: Alexandria Circuit Court, Wills & Trusts

Decedent was a 56-year-old female suffering from lung cancer that had metastasized to her brain. The will she executed on June 15, 2010 left her estate to three charities. She died on June 18, 2010. Her heirs-at-law were her two first cousins, who filed suit against the executor, Kenneth Labowitz, and the charities alleging decedent [...]

Motorcycle hits garbage truck off Duke Street in Alexandria – Defense verdict

By Virginia Lawyers Weekly
Published: May 9, 2011
Tags: Alexandria Circuit Court, Judge Donald Haddock, Personal Injury

Plaintiff was riding a high-performance motorcycle, making a right turn from Duke Street onto Daingerfield Road in Alexandria when she struck defendant’s garbage truck, which was making a left turn into narrow driveway. The truck driver and a helper testified road was clear when they began the turn. Plaintiff testified she did not see the [...]

Condo Association Not Liable for Shower Leak

By Deborah Elkins
Published: April 25, 2011
Tags: Alexandria Circuit Court, Real Estate, Virginia Circuit Courts

A condo owner cannot recover from the unit owners’ association for damages from a shower leak in her unit, as the bylaws specifically limit the association’s liability for this kind of water damage; an Alexandria Circuit Court grants summary judgment to the association. For purposes of interpreting the contract between the parties arising out of [...]

Man dies after delay in detecting bleeding – Defense Verdict

By Virginia Lawyers Weekly
Published: April 11, 2011
Tags: Alexandria Circuit Court, Judge Donald Haddock, Medical Malpractice, Million-Dollar Defense Verdicts, Wrongful Death

On Feb. 24, 2009, decedent underwent rotator cuff repair surgery. In the early hours of Feb. 25, decedent complained of severe abdominal pain and he was noted to be hypotensive. Decedent’s nurse notified the hospitalist who ordered Protonix and Maalox. After several hours, decedent’s severe abdominal pain persisted, and the nurse was unable to obtain [...]

Man’s second wife, daughters battled over homes

By Peter Vieth
Published: March 18, 2011
Tags: Alexandria Circuit Court, Judge Lisa B. Kemler, Wills & Trusts

Competing obituaries gave a hint of the family conflict that would emerge full blown after the 2009 death of Rear Admiral Peter DeMayo, U.S. Navy (Ret.), of Alexandria. In one notice in The Washington Post, both of DeMayo’s wives are identified, as well as two daughters from his first marriage, which ended in divorce. DeMayo [...]

Policy limits, availability of costs at issue in Alexandria crash – $182,000 Verdict

By Virginia Lawyers Weekly
Published: March 14, 2011
Tags: Alexandria Circuit Court, Judge Nolan B. Dawkins, Personal Injury

The plaintiff was not feeling well at work and called a cab to take her to the commuter lot in Spotsylvania County. The cab stopped for no apparent reason Interstate 95 just past Edsall Road and was rear-ended by a van in broad daylight despite relatively light traffic. The impact bruised plaintiff, knocked out a [...]

Judgment interest over limits given, paid

By Peter Vieth
Published: March 11, 2011
Tags: Alexandria Circuit Court, Insurance, Judge Nolan B. Dawkins, Personal Injury

A trial judge has ordered – and an insurance company has paid – interest on a tort judgment in excess of the insurer’s policy limits, a Loudoun County lawyer reports. Douglas K.W. Landau of Herndon said his client’s recovery in an Alexandria auto accident case demonstrates that lawyers can collect pre- and post-judgment interest, unusual [...]