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Coverage dispute after wrongful death verdict resolved – $1,140,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: March 26, 2012
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Plaintiffs were the administrator and the family/beneficiaries of the estate of an 18-year-old college student killed in a motor vehicle accident. The family secured a judgment against the driver of the car the decedent was riding in for $1,900,000. The present suit was a coverage case against the commonwealth seeking satisfaction of the judgment pursuant [...]

Plaintiffs seek $2.5M in shoulder dystocia case – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: January 16, 2012
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During the plaintiff mother’s delivery on June 27, 2004, the defendant obstetrician encountered a shoulder dystocia. In response, the defendant obstetrician performed various delivery maneuvers in an effort to safely deliver the infant plaintiff including gentle downward traction, the McRobert’s position, supra pubic pressure and the Wood’s screw. Although the defendant obstetrician successfully delivered the [...]

Some Payments Gifts to Wife, Some to Couple (access required)

By Deborah Elkins
Published: January 10, 2012
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Although wife’s father testified the multiple payments he provided to wife were gifts to her alone, the Henrico County Circuit Court says it’s less clear from the depositions, and some of the payments were to both and some were wife’s alone. Wife testified there was no physical relationship when she reconnected with a former college [...]

Nature of gifts at issue in couple’s divorce (access required)

By Paul Fletcher
Published: January 5, 2012
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When a wife’s father said that a $15,000 payment was for “y’all,” he made a joint gift to the couple, despite his later testimony that he intended only to help his daughter. Henrico Circuit Judge Daniel T. Balfour had to weigh a number of gifts in Polich v. Polich (VLW 011-8-232) to determine whether they [...]

Auto Liability Policy Voided for Arrest Record (access required)

By Deborah Elkins
Published: October 21, 2011
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An auto liability policy is void because the applicant, a sole proprietor who applied as “Kitchens Unlimited LLC,” had a criminal record but denied he had ever been arrested; the Henrico Circuit Court grants judgment to plaintiff insurance carrier in this dec action filed by the applicant and the severely injured plaintiff with whom he [...]

Claim: Trucker was warned about wheels before they came off – $3,550,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: September 19, 2011
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On the morning of the incident, plaintiff’s decedent was on her way to work. The rear tandem wheels of a tractor-trailer owned and operated by the defendants disengaged from the trailer and crashed into decedent’s vehicle, resulting in decedent’s death. Approximately five minutes before the incident, another motorist had flagged the driver of the tractor [...]

Wife Wants Annulment, Husband Gets Divorce (access required)

By Deborah Elkins
Published: August 22, 2011
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An American citizen wife who met her Indian national husband through the Internet and married him in Henrico and then again five months later in an “elaborate religious wedding” in India is not entitled to an annulment on the ground that the marriage was not consummated; a Henrico Circuit Court says failure to consummate the [...]

Court Pierces Veil on Sub’s Contract Claim (access required)

By Deborah Elkins
Published: July 6, 2011
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A subcontractor on a boiler project at the University of Richmond can pierce the corporate veil of its own subcontractor and win judgment against the sub-subcontractor ’s sole shareholder of its defunct corporation, as the shareholder failed to observe corporate formalities; but the Henrico Circuit Court denies reverse corporate veil piercing against another corporation formed [...]

Contractor can pursue assets of owner of sub (access required)

By Peter Vieth
Published: July 1, 2011
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A Richmond electrical contractor can go after the personal assets of an electrical engineer whose company allegedly botched a job at the University of Richmond. Henrico County Circuit Judge Gary A. Hicks let the contractor pierce the corporate veil of a now-defunct engineering firm and entered judgment against the owner. But the judge refused to [...]

Umbrella becomes UIM: Man gets full policy limits (access required)

By Peter Vieth
Published: April 18, 2011
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An injured motor vehicle passenger learned last November that he could get underinsured motorist coverage from his umbrella liability policy in a rare policy interpretation. This month he learned how much he could recover: he gets to tap the full limits of the umbrella policy, under a ruling from a Henrico County circuit judge. The [...]

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