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Tag Archives: Judge Charles E. Poston

Zoning – Zoning Violation – Scooter Sales & Repair (access required)

A Norfolk Circuit Court upholds the Board of Zoning Appeals’ determination that appellant violated Norfolk Zoning Code § 6-1.2, which bars the sale and repair of automobiles in a C-1 limited commercial zone, by selling mopeds from his property. Norfolk ...

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Criminal – DUI – Blood Alcohol – Medical Treatment – Melendez-Diaz Claim (access required)

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 ...

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Patient with partial colectomy dies from cancerous polyp – Defense Verdict (access required)

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 ...

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Criminal – Sexually Violent Predator – Conditional Release – Interstate Supervision (access required)

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 ...

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Negligence – Construction Worker – Independent Contractor (access required)

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 ...

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Real Estate – Fraud – Construction Project (access required)

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) ...

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Tort – Emotional Distress – Punitive Damages – High School Coach (access required)

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, ...

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