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Tag Archives: Judge Edward Hogshire

Clear Policy Language Prevents Intra-Policy Stacking (access required)

An injured plaintiff’s auto liability policy does not allow intra-policy “stacking” sufficient to provide up to $300,000 in UIM coverage, says a Charlottesville Circuit Court, as the policy at issue contains language almost identical to the language found to be ...

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History of Condo Flooding is ‘Adverse Fact’ (access required)

Buyers of a Charlottesville townhouse can sue the part-owner/real estate agent for failure to disclosure adverse material facts, based on allegations the agent knew of and failed to disclose a history of flooding at the residence; even though the flooding ...

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Tort – Civil Conspiracy – Engineering Contract – Agency (access required)

An engineering firm’s unambiguous contract with Meadowbrook, plaintiff Kmart’s landlord, to prepare site engineering documents made the firm the agent of the landlord, and Kmart cannot sue the defendants for civil conspiracy to breach the lease between Kmart and its ...

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Woman killed in collision with concrete truck – $10,577,000 Verdict (access required)

Jessica Lester was a passenger in the Honda driven by her husband, Isaiah Lester, as they headed up Monticello Mountain towards Charlottesville on the morning of June 21, 2007. They met an Allied Concrete Company truck driven by William Donald ...

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C’ville jury gives $10.5M in wrongful death case (access required)

A Charlottesville jury has awarded more than $10.5 million to family members of a woman fatally injured when a concrete mixer truck fell on her car in 2007. The award ranks among the largest in Virginia arising from a death ...

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Facebook ‘sideshow’ no distraction, lawyer says (access required)

The fight over a wrongful death plaintiff’s Facebook page led to an ugly discovery dispute, with sanctions for the plaintiff’s lawyer for accusing opposing counsel of “hacking” and a spoliation claim for the plaintiff’s deletion of photos from his Facebook ...

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Insurance – Policy Coverage – Fire – Rental Property – Subrogation (access required)

An insurance company, suing as a landlord’s subrogee, cannot sue for breach of the lease agreement after a fire in an apartment rented by four tenants, as the landlord did not pursue remedies under the lease or under the Virginia ...

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