Hanover County Circuit Court | Virginia Lawyers Weekly

Court grants summary judgment on liability, damages contested – $1,750,000 Settlement

By Virginia Lawyers Weekly
Published: July 2, 2012
Tags: Hanover County Circuit Court, Million-Dollar Settlements, Personal Injury

Plaintiff, a 41-year-old man, was driving on a rural highway in Hanover County when he was struck broadside by the defendant, who failed to stop at a stop sign. The high-speed collision knocked the plaintiff’s car a short distance off the highway and into a nearby field and caused an 18-inch intrusion into the plaintiff’s [...]

Negligent Hiring Claim Survives Demurrer

By Deborah Elkins
Published: March 28, 2012
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Negligence, Virginia Circuit Courts

Although plaintiff has not identified a particular employee, plaintiff may sue for negligent hiring and retention on allegations that the unknown employee lacked skill or judgment required to operate an amusement ride in a reasonable and prudent manner, and the Hanover Circuit Court overrules defendant’s demurrer. Defendant argued plaintiff’s complaint does not state the identity [...]

Power Company Faces Easement Claim

By Deborah Elkins
Published: January 11, 2012
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Real Estate, Virginia Circuit Courts

A petitioner has sufficiently stated a claim against VEPCO by alleging the power company has interfered with his non-exclusive easement for ingress and egress to travel between his residence and a state road by blocking the easement, and the Hanover County Circuit Court overrules respondent’s demurrer. Petitioner has a property interest in the form of [...]

Debtor’s Fifth Amendment Claim Denied

By Deborah Elkins
Published: January 11, 2012
Tags: Creditor’s Rights, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover County Circuit Court denies defendant’s motion to quash a summons for debtor’s interrogatories and subpoena duces tecum, in which debtor asserts his Fifth Amendment right against self-incrimination. There is no blanket Fifth Amendment right to refuse to answer questions in noncriminal proceedings. The privilege must be specifically claimed on a particular question and [...]

Tortious Interference Claim Dismissed

By Deborah Elkins
Published: January 11, 2012
Tags: Employment, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A plaintiff suing for tortious interference with a contractual relationship has failed to allege that the contractual relationship was not at will, and the Hanover County Circuit Court dismisses the claim with leave to amend. There is a rebuttable presumption that employment in Virginia is at will. Plaintiff has failed to allege this employment contract [...]

No Contract from Lender’s Letter, Phone Call

By Deborah Elkins
Published: October 17, 2011
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Real Estate, Virginia Circuit Courts

Although plaintiff alleges defendant promised in a letter not to accelerate a note on plaintiff’s property until after a certain date, and in a telephone conversation not to foreclose if plaintiff applied for a short sale, the Hanover Circuit Court dismisses plaintiff’s claim for breach of contract and other claims challenging defendant lender’s actions. Plaintiff [...]

‘Mutual wills’ depend more on trust than law

By Alan Cooper
Published: July 19, 2011
Tags: Elder Law, Hanover County Circuit Court, Judge Timothy S. Fisher, Newport News Circuit Court, Supreme Court of Virginia News

Second marriages and “first” children are generating more issues in estate-planning practice, as couples continue to divorce and remarry before they can celebrate that golden anniversary with one spouse. One of those issues is making sure the children of each spouse get treated equitably when the last parent dies. Mutual wills, sometimes accompanied by a [...]

Defendant Bankrupt, Plaintiff Sues UM Carrier

By Deborah Elkins
Published: July 6, 2011
Tags: Hanover County Circuit Court, Insurance, Judge J. Overton Harris, Virginia Circuit Courts

Although plaintiff received a $2,250 payment in 2008 for his injuries from a 1996 auto accident after the defendant driver’s employer, Builders Transport, was discharged in bankruptcy, plaintiff still may pursue a claim in order to litigate his own uninsured/underinsured motorist coverage with his carrier State Farm; but the Hanover County Circuit Court denies plaintiff’s [...]

Park Vendor Has Conversion Claim for Kiosk Use

By Deborah Elkins
Published: June 7, 2011
Tags: Contract, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover Circuit Court refuses to set aside a jury verdict finding defendant Kings Dominion Amusement Park liable for damages for conversion of a concessions kiosk operated by plaintiff business; plaintiff may proceed with a claim for unjust enrichment, but may claim damages only for the value of the benefit to defendant from its use [...]

Defendant disputes disk surgery related to crash – $60,000 Verdict

By Virginia Lawyers Weekly
Published: May 23, 2011
Tags: Hanover County Circuit Court, Personal Injury

Plaintiff alleged that a disk injury that required surgery was caused by an automobile accident. Defendant admitted liability for the accident but contended that the injury was not related to the accident. [11-T-060] Type of action: Personal injury – auto accident Name of case: Webb v. Martin Court: Hanover County Circuit Court Case no.: CL08-183 [...]

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