Driver’s License Revoked for Federal DUI 
By Deborah Elkins
Published: May 23, 2013
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Traffic Offenses, Virginia Circuit Courts
A Fairfax Circuit Court says the federal DUI statute to which defendant pled guilty substantially parallels Virginia’s DUI statute, Va. Code § 18.2-266, and the court rejects the driver’s petition asserting it was error for Virginia to revoke his Virginia driver’s license for the federal conviction. The court finds the Commissioner of Motor Vehicles did [...]
Bond Principal ‘Necessary Party’ for Bond Claim
By Deborah Elkins
Published: May 14, 2013
Tags: Contract, Fairfax County Circuit Court, Judge Michael F. Devine, Virginia Circuit Courts
Although plaintiff Johnson Controls Inc., who provided materials to defendant Norair Engineering for a construction project on which Norair was a subcontractor, named Norair as a defendant in plaintiff’s suit to enforce a mechanic’s lien, plaintiff failed to name Norair as a defendant in the specific count to enforce the substituted bond, and because Norair [...]
Broker Seeks Commission on Shopping Center Sale
By Deborah Elkins
Published: May 14, 2013
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Real Estate, Virginia Circuit Courts
In plaintiff broker’s suit for commission for the sale of Winchester Station shopping center, defendant had a buyer’s brokerage agreement of no definite duration and a confidentiality agreement for one year, prior to the property being listed, and the Fairfax Circuit Court denies summary judgment to defendant buyer because there are disputed facts concerning the [...]
Plaintiff claims heart attack should have been diagnosed sooner – Defense Verdict
By Virginia Lawyers Weekly
Published: May 13, 2013
Tags: Fairfax County Circuit Court, Judge Lorraine Nordlund, Medical Malpractice
Plaintiff alleged that defendant cardiologist failed to timely diagnose and appropriately treat plaintiff’s myocardial infarction. Plaintiff was left with diminished ejection fraction of 30 percent, and required an implantable cardioverter-defribilator. Defendant denied all liability. After all of the arguments and evidence were presented, the jury returned a verdict in favor of the defendants after deliberations [...]
Medical Expense Duty Owed Till Graduation
By Deborah Elkins
Published: May 3, 2013
Tags: Domestic Relations, Fairfax County Circuit Court, Judge Bruce D. White, Virginia Circuit Courts
A husband is ordered to pay wife $617.94 as reimbursement for medical expenses, in accordance with the terms of the parties’ property settlement agreement incorporated into their final divorce decree; the Fairfax Circuit Court declines to include in the sum awarded to wife her claimed expenses for dental insurance premiums, which are not mentioned in [...]
Objections to Condemnation Petition Fail
By Deborah Elkins
Published: May 3, 2013
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Real Estate, Virginia Circuit Courts
A Fairfax Circuit Court denies VDOT’s motion to strike a property owner’s objections to VDOT’s petition in condemnation for a partial taking of a parcel in Chantilly for the widening of Route 50. The owner of the property, Dulles Properties, objects to the amount of compensation offered by the Virginia Department of Transportation, in that [...]
Guarantors’ Dec Action Against Bank Time-Barred
By Deborah Elkins
Published: May 3, 2013
Tags: Creditor's Rights, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
A hotel company and three guarantors on loans for three parcels in Fredericksburg waited too long to bring their fraud claims based on loan documents including a swap agreement that let plaintiffs exchange a variable interest rate for a fixed interest rate; even if the claims were not time-barred, they have no merit, says the [...]
Metro bus collided with vehicle during U-turn – $117,500 Settlement
By Virginia Lawyers Weekly
Published: April 8, 2013
Tags: Fairfax County Circuit Court, Personal Injury
Plaintiff was in an eastbound lane on Burke Center Parkway. A WMATA bus attempted to make a U-turn from the far right lane to head west on Burke Center Parkway. As the bus crossed in front of the east bound traffic, it collided with plaintiff’s vehicle. As a result of the collision, plaintiff suffered headaches, [...]
Plaintiff fails to respond to discovery in malpractice suit – Defense Verdict
By Virginia Lawyers Weekly
Published: April 8, 2013
Tags: Fairfax County Circuit Court, Legal Malpractice
This matter involved legal malpractice suits against two defendants – an associate and her law firm – for alleged malpractice in an underlying domestic relations case. Plaintiff alleged defendant associate failed to properly oppose motion to withdraw stipulation in the underlying domestic relations case. Plaintiff further alleged defendant’s law firm was liable via respondeat superior. [...]
Delayed diagnosis leads to sterility of 12-year-old girl – Confidential Settlement
By Virginia Lawyers Weekly
Published: April 8, 2013
Tags: Fairfax County Circuit Court, Medical Malpractice
This case arose from the delayed diagnosis of ovarian torsion, resulting in the sterility of a 12-year-old female. Plaintiff presented to the pediatric emergency department complaining of severe, sudden onset abdominal pain, nausea and vomiting. Suspecting appendicitis, doctors performed an abdominal sonogram. The sonogram was read as non-conclusive, but found no signs consistent with appendicitis. [...]
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