Fauquier County Circuit Court | Virginia Lawyers Weekly

Malpractice Suit Against Bankruptcy Lawyer Dismissed

By Deborah Elkins
Published: May 14, 2013
Tags: Contract, Fauquier County Circuit Court, Judge Jeffrey W. Parker, Virginia Circuit Courts

A former client’s legal malpractice action against his bankruptcy lawyer is time-barred because the alleged act – persuading the client to sell his home to the lawyer, who later sold it at a profit – occurred after termination of the representation on July 7, 2005, and the Fauquier County Circuit Court dismisses the suit. Plaintiff’s [...]

PSA Gave Husband All of Car Wash

By Deborah Elkins
Published: September 28, 2012
Tags: Domestic Relations, Fauquier County Circuit Court, Judge Jeffrey W. Parker, Virginia Circuit Courts

Although a couple’s PSA did not explicitly call for wife to transfer to husband her interest in the real property that was part of the car wash husband was to have, wife testified that she understood husband would get the real estate, and a Fauquier County Circuit Court denies wife’s motion to rescind the deed [...]

Offer was $100K for mild TBI – $725,000 Verdict

By Virginia Lawyers Weekly
Published: May 7, 2012
Tags: Fauquier County Circuit Court, Judge Jeffrey W. Parker, Personal Injury

This is a motor vehicle accident case where the defendant pulled out in front of the plaintiff. As a result of the impact, the plaintiff suffered a mild cervical strain and head trauma. He did not lose consciousness but was disoriented at the scene. He then was transported to Fairfax Hospital where he was observed [...]

No-Fault Divorce Despite Cruelty Claim

By Deborah Elkins
Published: February 24, 2012
Tags: Domestic Relations, Fauquier County Circuit Court, Judge Jeffrey W. Parker, Virginia Circuit Courts

Although husband’s evidence from a private investigator who followed wife as she met an old high-school boyfriend was sufficient to prove adultery, husband and wife continued their relationship and wife’s later alleged cruelty did not act to “revive” the earlier adultery; the Fauquier County Circuit Court grants a divorce on the basis of a one-year [...]

National Bank Must Qualify as Va. Fiduciary

By Deborah Elkins
Published: August 2, 2011
Tags: Fauquier County Circuit Court, Judge Jeffrey W. Parker, Virginia Circuit Courts, Wills & Trusts

A Fauquier County Circuit Court rejects a charitable remainder trust’s request to substitute J.P. Morgan Chase Bank NA as successor trustee to Bank of America NA, as J.P. Morgan Chase has not qualified as a fiduciary as it is not a corporation authorized to do business in Virginia. Pursuant to Va. Code § 26-59(B), no [...]

Homeowner Suit Against Contractor Advances

By Deborah Elkins
Published: August 2, 2011
Tags: Contract, Fauquier County Circuit Court, Judge Jeffrey W. Parker, Virginia Circuit Courts

A homeowner can sue in 2008 for damages from water pipes that burst in 2007 after defendant contractor completed a home renovation project in 2003; a Fauquier County Circuit Court declines to reconsider its earlier ruling granting partial summary judgment to defendant contractor and allowing the homeowner to sue for an implied warranty. The contractor [...]

Fraud alleged in sale of Shelby Cobra prototype – Defense Verdict

By Virginia Lawyers Weekly
Published: September 27, 2010
Tags: Contract, Fauquier County Circuit Court, Fraud, Judge Jeffrey W. Parker, Million-Dollar Defense Verdicts

Shelby American Inc. is a high-performance sports car manufacturer located in Las Vegas and the maker of Shelby Cobras and Shelby Mustangs. In 2006, its president, Amy Boylan, contracted with Richard J. Martin of Fauquier County to sell him one of the company’s prototypes of the 2007 Shelby GT. The 2007 Shelby GT program was [...]

Remaining policy limits paid for thoracic disc damage – $481,601 Settlement

By Virginia Lawyers Weekly
Published: September 6, 2010
Tags: Fauquier County Circuit Court, Judge Jeffrey W. Parker, Personal Injury

Plaintiff underwent back surgery for a herniated thoracic disc 18 months after a car accident. There were no complaints of thoracic back pain until approximately two months after the accident, so the defense argued causation and the offer prior to suit being filed was only $75,000. During the surgery, the plaintiff’s aorta ruptured, leaving him [...]

Domestic Relations – Marital Home – Hybrid Property

By Deborah Elkins
Published: April 12, 2010
Tags: Domestic Relations, Fauquier County Circuit Court, Judge Jeffrey W. Parker, Virginia Circuit Courts

Although husband, a “jack of all trades,” attempted improvements on the parties’ marital home, he was accident-prone and failed to complete many projects, and a Fauquier County Circuit Court factors this in with wife’s greater financial contributions, to award wife a 60-percent share in the value of the marital residence. The parties took title as [...]

Informed consent to general anesthesia disputed – Defense Verdict

By Virginia Lawyers Weekly
Published: March 29, 2010
Tags: Fauquier County Circuit Court, Judge Herman A. Whisenant Jr., Medical Malpractice

Plaintiff, the widow of the decedent patient, contended that the defendant anesthesiologist and certified registered nurse anesthetist failed to obtain her husband’s informed consent to general anesthesia prior to knee replacement surgery on Oct. 19, 2006. Plaintiff alleged that the decedent, age 75, had told his orthopedic surgeon, his wife, adult children and friends that [...]

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