Criminal – DUI – Blood Alcohol – Medical Treatment – Melendez-Diaz Claim 
By Deborah Elkins
Published: July 16, 2010
Tags: Criminal, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts
Hospital records showing a driver’s BAC at .13 after a two-fatality automobile accident are admissible under Va. Code § 19.2-187.02, a Norfolk Circuit Court says, notwithstanding a Sixth Amendment Melendez-Diaz challenge to the statute, which allows the test as a business record. After an automobile accident in which two individuals died and one was injured, [...]
Patient with partial colectomy dies from cancerous polyp – Defense Verdict
By Virginia Lawyers Weekly
Published: July 12, 2010
Tags: Halifax County Circuit Court, Judge Charles E. Poston, Medical Malpractice, Million-Dollar Defense Verdicts
Plaintiff alleged the wrongful death of her 69-year-old husband. The plaintiff’s decedent had suffered from Gardner’s Syndrome since 1970, and had a subtotal colectomy at that time. He was followed with annual sigmoidoscopes by a physician until 1991 when that physician retired. In 1991, the defendant physician began to follow the decedent and performed annual [...]
Criminal – Sexually Violent Predator – Conditional Release – Interstate Supervision
By Deborah Elkins
Published: June 25, 2010
Tags: Criminal, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts
A defendant convicted of rape, forcible sodomy and attempted sodomy, who has sought but not received treatment during his incarceration and who can be released to the custody of his mother who lives in rural Illinois, may pursue conditional release to that jurisdiction under Virginia’s Sexually Violent Predator Act and the Interstate Compact for the [...]
Negligence – Construction Worker – Independent Contractor
By Deborah Elkins
Published: June 25, 2010
Tags: Judge Charles E. Poston, Negligence, Roanoke County Circuit Court, Virginia Circuit Courts
A landowner who hired an independent contractor to dig under a highway right-of-way, with VDOT permission, to connect a waterline to a business, cannot be sued for negligence in the death of a sub’s construction worker, who was killed when two defendant drivers in separate vehicles drove past a flagman and into the lighted construction [...]
Real Estate – Fraud – Construction Project
By Deborah Elkins
Published: June 7, 2010
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Real Estate, Virginia Circuit Courts
A Norfolk Circuit Court dismisses plaintiff’s suit alleging loan and renovations fraud, as plaintiff has failed to allege the requisite elements of a claim for fraud. This matter is before the court on demurrer of defendants Cornerstone Investment Funding (CIF) and Cornerstone Real Estate Acquisitions and Management LLC (CREAM). CIF demurs to count 1 of [...]
Tort – Emotional Distress – Punitive Damages – High School Coach
By Deborah Elkins
Published: May 18, 2010
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Tort, Virginia Circuit Courts
A Norfolk Circuit Court sustains defendant school’s demurrer to a claim for intentional infliction of emotional distress alleging damages from defendant school’s employment of an assistant girls’ basketball coach who allegedly engaged in a sexual relationship with an underage student, as the claim does not allege sufficiently outrageous conduct nor facts sufficient to support a [...]
Negligence – Premises Liability – Construction Site – Trespass
By Deborah Elkins
Published: May 11, 2010
Tags: Judge Charles E. Poston, Negligence, Norfolk Circuit Court, Virginia Circuit Courts
A plaintiff who trespassed onto a construction site the possessor had taken measures to secure, through continuous efforts to seal a gap in the fence that was a known point of entry, cannot sue for damages from injuries when he fell and impaled his face on rebar, and lay at the site for several hours [...]
Tort – Defamation – Website – City Councilman
By Deborah Elkins
Published: May 4, 2010
Tags: Judge Charles E. Poston, Norfolk Circuit Court, Tort, Virginia Circuit Courts
A Norfolk Circuit Court sua sponte vacates its order, entered one day earlier, prohibiting defendants “May4thCounts.com” and a “Disgruntled Citizen” from using the website, and ordering its removal from the Internet. According to the complaint, the website publishes “certain information which is slanderous and libelous” with regard to plaintiff city councilman, Anthony Burfoot. The website [...]
Negligence – Slip & Fall – Construction Site – Punitive Damages
By Deborah Elkins
Published: January 11, 2010
Tags: Judge Charles E. Poston, Negligence, Norfolk Circuit Court
A plaintiff who fell onto uncapped rebar in a trench at a strip-mall construction site does not state a claim for punitive damages against defendant construction company, and a Norfolk Circuit Court sustains defendant’s demurrer to the punitives claim, with leave to amend. According to the complaint, defendant did not provide markings or warnings for [...]
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