ABC agent hit with punitives, commonwealth found liable – $80,000 Verdict 
By Virginia Lawyers Weekly
Published: April 8, 2013
Tags: Albemarle County Circuit Court, Judge Cheryl V. Higgins, Personal Injury
The plaintiff was involved in a rear-end accident with the defendant, who was an intoxicated ABC agent. The defendant drank at least six beers in a three-and-a-half hour period immediately preceding the accident and had a BAC of 0.16. He claimed that he was performing undercover observations and is permitted to consume alcohol on the [...]
ATV struck at Albemarle Fair – $1,425 Verdict 
By Virginia Lawyers Weekly
Published: September 26, 2011
Tags: Albemarle County Circuit Court, Judge Cheryl V. Higgins, Personal Injury
Plaintiff was the operator of a Gator ATV at the Albemarle County Fair. The defendant, a game vendor, was exiting the fairgrounds in her SUV, pulling a 20-foot trailer. The plaintiff’s vehicle was stopped when the trailer came into contact with the rear of the Gator. Plaintiff testified in depositions that the Gator didn’t move [...]
A higher tolerance? 
By Peter Vieth
Published: May 16, 2011
Tags: Albemarle County Circuit Court, Criminal, Judge Cheryl V. Higgins
In a drug case tried in Albemarle County last month, it took nearly five hours to seat the jury. The charge was simple possession of marijuana, and the amount was less than five ounces. Why did it take so long? Nineteen potential jurors were called, and eight of them were mad that the case was [...]
Customer alleges decorator overcharged for furnishings – Defense Verdict 
By Virginia Lawyers Weekly
Published: April 18, 2011
Tags: Albemarle County Circuit Court, Contract, Judge Cheryl V. Higgins
Defendant Buswell, an interior decorator operating as Unusual Interiors Ltd., entered into a home decorating contract with the plaintiff in 2006. More than $160,000 worth of furnishings were purchased. Plaintiff concluded he was being overcharged when he did an investigation through a website of price lists. The dispute centered on the definition of “retail” as [...]
Inmates injured in wreck while being transported – $195,000 Settlement 
By Virginia Lawyers Weekly
Published: December 20, 2010
Tags: Albemarle County Circuit Court, Judge Cheryl V. Higgins, Personal Injury
Plaintiffs were inmates in custody of Loudoun County sheriffs in transit to a Lynchburg facility due to overcrowding. Two vans transported 12 inmates, each secured with three-point shackles in locked cages on slick, unpadded seats without belts. Plaintiff alleged the guards played the “meet game” where guards rapidly stopped and started so the inmates would [...]
Civil Procedure – Misnomer – Name – Service Of Process 
By Deborah Elkins
Published: March 15, 2010
Tags: Albemarle County Circuit Court, Civil Procedure, Judge Cheryl V. Higgins, Virginia Circuit Courts
An Albemarle County Circuit Court says a plaintiff who attempted service on “Maggie Walker” cannot pursue her suit for injuries against “Ann Margaret Walker,” even though the plaintiff’s complaint identified the right defendant driver, vehicle and date of the incident. The court could not find any case that distinguished between a misnomer and a pure [...]


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