Clear Policy Language Prevents Intra-Policy Stacking 
By Deborah Elkins
Published: February 15, 2011
Tags: Charlottesville Circuit Court, Insurance, Judge Edward Hogshire, Virginia Circuit Courts
An injured plaintiff’s auto liability policy does not allow intra-policy “stacking” sufficient to provide up to $300,000 in UIM coverage, says a Charlottesville Circuit Court, as the policy at issue contains language almost identical to the language found to be unambiguous under Virginia Supreme Court precedent. At the time of the accident, the minor plaintiff [...]
History of Condo Flooding is ‘Adverse Fact’
By Deborah Elkins
Published: February 14, 2011
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Real Estate, Virginia Circuit Courts
Buyers of a Charlottesville townhouse can sue the part-owner/real estate agent for failure to disclosure adverse material facts, based on allegations the agent knew of and failed to disclose a history of flooding at the residence; even though the flooding allegedly was caused by a clogged drain on adjacent property, the flooding still was a [...]
Defense in $10.5M case claims juror bias, lawyer misconduct
By Peter Vieth
Published: January 27, 2011
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Million-Dollar Verdicts, Wrongful Death
Defense lawyers have come out swinging with a scathing set of post trial motions attacking the plaintiffs’ lawyer who scored a record-setting Charlottesville wrongful death verdict. Matthew B. Murray of Charlottesville won an award of more than $10.5 million for family members of a 25-year-old nurse killed in a collision with a concrete truck. The [...]
Tort – Civil Conspiracy – Engineering Contract – Agency
By Deborah Elkins
Published: December 30, 2010
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Tort, Virginia Circuit Courts
An engineering firm’s unambiguous contract with Meadowbrook, plaintiff Kmart’s landlord, to prepare site engineering documents made the firm the agent of the landlord, and Kmart cannot sue the defendants for civil conspiracy to breach the lease between Kmart and its landlord; as a single entity, the firm and the landlord could not engage in a [...]
Woman killed in collision with concrete truck – $10,577,000 Verdict
By Virginia Lawyers Weekly
Published: December 20, 2010
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Million-Dollar Verdicts, Personal Injury, Wrongful Death
Jessica Lester was a passenger in the Honda driven by her husband, Isaiah Lester, as they headed up Monticello Mountain towards Charlottesville on the morning of June 21, 2007. They met an Allied Concrete Company truck driven by William Donald Sprouse in a blind turn. The truck was up on two wheels and overturned on [...]
C’ville jury gives $10.5M in wrongful death case
By Peter Vieth
Published: December 16, 2010
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Million-Dollar Verdicts, Personal Injury, Wrongful Death
A Charlottesville jury has awarded more than $10.5 million to family members of a woman fatally injured when a concrete mixer truck fell on her car in 2007. The award ranks among the largest in Virginia arising from a death case. The case went to trial after two failed attempts at mediation and a pitched [...]
Domestic Relations – Spousal Support – Real Estate Investments
By Deborah Elkins
Published: December 3, 2010
Tags: Charlottesville Circuit Court, Domestic Relations, Virginia Circuit Courts
A husband whose income in the “high-end” real estate market declined between 2004 and 2010 largely as a result of events beyond his control is entitled to reduce his monthly spousal support obligation from $18,000 to $12,500, says a Charlottesville Circuit Court. Defendant’s financial needs have clearly decreased between 2004 and the date of this [...]
Insurance – Policy Coverage – Fire – Rental Property – Subrogation
By Deborah Elkins
Published: November 24, 2010
Tags: Charlottesville Circuit Court, Insurance, Judge Edward Hogshire, Virginia Circuit Courts
An insurance company, suing as a landlord’s subrogee, cannot sue for breach of the lease agreement after a fire in an apartment rented by four tenants, as the landlord did not pursue remedies under the lease or under the Virginia Landlord Residential Tenant Act, but refunded the tenants’ security deposit after deducting certain costs; but [...]
Civil Protection – Res Judicata – VCPA – Liquidated Damages – Lesser Limitation
By Deborah Elkins
Published: July 16, 2010
Tags: Charlottesville Circuit Court, Civil Procedure, Judge Edward Hogshire, Virginia Circuit Courts
Prior unlawful detainer litigation in general district court is not a res judicata bar against plaintiff buyers’ present action challenging a liquidated damages provision in a residential sales agreement because the lower court could not have had jurisdiction over the liquidated damages claims amounting to $35,000, says a Charlottesville Circuit Court; the court also refuses [...]
Criminal – HO Status – DMV Records – Melendez-Diaz Claim
By Deborah Elkins
Published: July 16, 2010
Tags: Charlottesville Circuit Court, Criminal, Judge Edward Hogshire, Virginia Circuit Courts
A Charlottesville Circuit Court rejects defendant’s Melendez-Diaz claim, and says a DMV record is not testimonial and is admissible without confrontation to prove defendant driver’s HO status, his prior conviction for driving as an HO, and that he had notice of his HO status. When stopped for a traffic violation, defendant admitted he did not [...]
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