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Tag Archives: Fairfax County Circuit Court

Agency’s Mental Retardation Rule Overturned (access required)

A Fairfax Circuit Court says defendant state agency’s denial of Medicaid coverage under the Mental Retardation/Intellectual Disability waiver for a 25-year-old mentally retarded man with an IQ of 54 is an “arbitrary and capricious interpretation” of the diagnostic criteria for ...

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Center’s Extra Services Violated Ordinance (access required)

A counseling center that has a non-residential use permit has violated the local zoning ordinance by offering additional services such as laundry, personal care facilities and meals to its clients, and the Fairfax Circuit Court reverses the decision of the ...

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Insurance coverage limits recovery in brain injury case – $340,000 Arbitration Award (access required)

On Nov. 11, 2008, the 44-year-old plaintiff was operating his Volvo in Fairfax County after having dropped his wife off at her job at the local Walmart. He was traveling to his gas station cashier job through the intersection of ...

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No Coverage for Basement Water Damage from Clogged Drain (access required)

In light of plaintiff homeowners’ stipulation that surface water gathered in a well with a clogged drain but could not enter the drain and instead flowed into the homeowners’ basement, a Fairfax Circuit Court says damage to the home is ...

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‘Bear hug’ of customer is within scope of employment – $1,200,000 Verdict (access required)

The sole cause of action was for vicarious liability of Lowe’s for its employee’s negligence in the “friendly bear-hugging” of a repeat customer at Lowe’s. Plaintiff is a 59-year-old Vietnamese contractor who operates his own home-improvement company. At the time ...

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