Woman upends $1.1M in liens her ex put on house through fraud

Parents who lost son denied visits with grandchild

By Deborah Elkins
Published: May 10, 2013
Tags: Domestic Relations, Judge Craig D. Johnston, Judge Randolph A. Beales, Prince William County Circuit Court, Virginia Court of Appeals News

A mother could cut off contact between her two-year-old son and his paternal grandparents, whose own son had joint custody of the child, but who died in an auto accident when the grandson was barely two years old. In a case it called “very sad and unfortunate,” the Court of Appeals upheld denial of the [...]

Interview With Carrier Is Protected Work Product

By Deborah Elkins
Published: October 4, 2012
Tags: Judge Craig D. Johnston, Negligence, Prince William County Circuit Court, Virginia Circuit Courts

A plaintiff’s assertion that defendant driver pleaded guilty to a traffic infraction but now contests liability in this auto-accident personal injury suit has not shown a substantial need to obtain a copy of the transcript or tape of defendant’s interview with the insurance carrier, and the Prince William County Circuit Court denies a motion to [...]

Court Reconsiders ‘Vested Rights’ Case

By Deborah Elkins
Published: April 2, 2012
Tags: Judge Craig D. Johnston, Prince William County Circuit Court, Virginia Circuit Courts, Zoning

In this suit in which the court earlier made rulings involving vested rights [VLW 011-8-195], the Prince William County Circuit Court now grants motions for reconsideration, in part. I have concluded the motions for reconsideration should be granted. The Supreme Court of Virginia’s Dec. 1, 2011, order stayed further hearing before the BZA and the [...]

No Maryland Damage Cap in Virginia Case

By Deborah Elkins
Published: January 30, 2012
Tags: Judge Craig D. Johnston, Negligence, Prince William County Circuit Court, Virginia Circuit Courts

In this auto-accident case, a Prince William County Circuit Court declines to apply the Maryland cap on non-economic damages because the court finds the cap does not affect substantive rights in a wrongful death, but merely affects the remedy; but the court recognizes there is a split of authority on this point in Virginia circuit [...]

Court Stays Decision on Vested Rights

By Deborah Elkins
Published: October 21, 2011
Tags: Judge Craig D. Johnston, Prince William County Circuit Court, Virginia Circuit Courts, Zoning

Although the Prince William County Circuit Court has independent authority to decide a vested rights controversy raised by two letters issued by the zoning administrator, the court chooses not to exercise this authority at this time and will stay further proceedings pending decisions on appeals to the board of zoning appeals and the board of [...]

Sewer line damaged by optic cable subcontractor – $19,467 Verdict

By Virginia Lawyers Weekly
Published: August 29, 2011
Tags: Judge Craig D. Johnston, Negligence, Prince William County Circuit Court

In January 2007, Lyons Den Underground Inc. was installing fiber optic cables in the plaintiff’s residential neighborhood as a subcontractor to Verizon. After the property of the plaintiff was marked by Miss Utility, employees of the defendant drilled horizontally across plaintiff’s property using a device called a “Mole.” Lyons Den drilled in an area subject [...]

Amputation of patient’s legs blamed on tardy surgeon – Defense Verdict

By Virginia Lawyers Weekly
Published: August 30, 2010
Tags: Judge Craig D. Johnston, Medical Malpractice, Million-Dollar Defense Verdicts, Prince William County Circuit Court

On March 1, 2007, plaintiff underwent a radical neck dissection and laryngectomy for treatment of stage 4 laryngeal cancer. The surgery took approximately 10 hours. The next day, at approximately 8:30 a.m., the defendant hospital’s intensive care unit nurse noted that the plaintiff had purple mottled feet bilaterally which she recognized to be a sign [...]

Real Estate – Loan Fraud – Innocent Victim

By Deborah Elkins
Published: May 4, 2010
Tags: Judge Craig D. Johnston, Prince William County Circuit Court, Real Estate, Virginia Circuit Courts

A Prince William County Circuit Court grants a woman possession of her home, free of the $1.1 million in liens her husband placed on the home, as she is the innocent victim of her husband, who is in default and failed to appear. I find by clear and convincing evidence that husband or someone at [...]