Chesapeake Circuit Court | Virginia Lawyers Weekly

Contract – Fraud – Hotel Sale

By Deborah Elkins
Published: October 23, 2010
Tags: Chesapeake Circuit Court, Contract, Judge John W. Brown, Virginia Circuit Courts

In this dispute alleging defendants were aware of an alleged debt to plaintiff but used proceeds of a hotel sale to purchase membership interests in defendant IBJ Hotels LLC, a Chesapeake Circuit Court says plaintiff has stated claims for tortious interference with contractual relations, fraudulent conveyance and constructive trust, and plaintiff may amend as to [...]

Contract – Limitations – Contribution

By Deborah Elkins
Published: September 14, 2010
Tags: Chesapeake Circuit Court, Contract, Judge John W. Brown, Virginia Circuit Courts

In this litigation involving two lawsuits – one by a couple suing a design firm for damages and the second a masonry company suing the design firm – a Chesapeake Circuit Court considers Va. Code §§ 8.01-281 and 8.01-249(5), and dismisses the design firm’s action as to all defendants. The issue of whether this separate [...]

Tort – Nuisance – Products Liability – Coal Ash Byproduct

By Deborah Elkins
Published: September 14, 2010
Tags: Chesapeake Circuit Court, Judge Randall D. Smith, Tort, Virginia Circuit Courts

Chesapeake residents who live near Battlefield Golf Course who claim defendant golf club owner and defendant power companies developed a plan to dispose of coal ash byproduct, mix it with a binding agent and use it in the golf course construction, cannot sue defendants on a products liability theory, says a Chesapeake Circuit Court, but [...]

Paradox in PD offices

By Alan Cooper
Published: August 24, 2010
Tags: Chesapeake Circuit Court

The Chesapeake public defender’s office recently asked the city’s circuit judges for help in managing its caseload. But the difficulty in that office appears to be unique to the city rather than a trend triggered by the state’s budget shortfall. Other offices say they aren’t having a problem now and may be in better shape [...]

Motorist turns in front of biker at Chesapeake intersection – $900,000 Settlement

By Virginia Lawyers Weekly
Published: August 16, 2010
Tags: Chesapeake Circuit Court, Personal Injury

The plaintiff was operating a motorcycle on Johnstown Road in Chesapeake when the defendant pulled in front of him at an intersection. Plaintiff took evasive action to avoid a direct collision with the defendant’s vehicle and in the process suffered a comminuted left tibial plateau fracture. Following the surgery to repair the fracture, the plaintiff [...]

Puncture during surgery alleged to cause GERD – Defense Verdict

By Virginia Lawyers Weekly
Published: July 6, 2010
Tags: Chesapeake Circuit Court, Judge E. Preston Grissom, Medical Malpractice

Plaintiff was followed by defendant physician for abdominal pain and other symptoms related to endometriosis and underwent abdominal laparoscopy. During the procedure, plaintiff’s stomach was punctured by a 5 mm trocar. The injury was discovered during the procedure, a laparotomy was preformed and the puncture repaired. The plaintiff fully recovered from the laparotomy and was [...]

Misdiagnosis results in $2.5 million med-mal verdict – $2,500,000 Verdict

By Virginia Lawyers Weekly
Published: April 2, 2010
Tags: Chesapeake Circuit Court, Judge John W. Brown, Medical Malpractice, Million-Dollar Verdicts

Plaintiff was treated by the defendant family practice physician for severe abdominal pain, fever, vomiting/nausea. The defendant initially failed to recognize that she had diverticulitis, but an emergency room physician diagnosed the illness. The diverticulitis progressed into mulitple abscesses, and the defendant referred the plaintiff to a gastroenterologist six weeks into the illness. Plaintiff was [...]

Insurance – UIM – Stacking – Motorcycle-Car Accident

By Deborah Elkins
Published: February 22, 2010
Tags: Chesapeake Circuit Court, Insurance, Judge V. Thomas Forehand Jr., Virginia Circuit Courts

A Chesapeake Circuit Court says a man injured in a motorcycle accident cannot “stack” UM/UIM coverage from his policy that covered two separate vehicles he owned, neither of which was involved in the accident with a driver of another vehicle. There are three policies at issue here. The Allstate policy of defendant driver Kanchev provided [...]

Tort – Business Tort – Phone Number Release – ‘Adult’ Hotline

By Deborah Elkins
Published: February 8, 2010
Tags: Chesapeake Circuit Court, Judge Marjorie T. Arrington, Tort

Although plaintiff business has filed a complaint with the FCC in regard to defendant’s alleged release of a toll-free number the business used to market its products to an “adult” phone hotline, plaintiff nevertheless can pursue its state law claims, which are not preempted by federal law, a Chesapeake Circuit Court says. Defendant asks the [...]

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