Kids Grown, Wife Wants to Keep Marital Home

Minor’s Suit is Legal Nullity

By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge J. Overton Harris, Richmond Circuit Court, Virginia Circuit Courts

A minor plaintiff’s suit may not be amended to allow the minor to sue by his next friend, under Virginia law, and the Hanover Circuit Court denies plaintiff’s motion to amend. The court agrees with defendant and finds the law requires the court to deny plaintiff’s motion to amend. Virginia Code § 8.01-8 states any [...]

Negligent Hiring Claim Survives Demurrer

By Deborah Elkins
Published: March 28, 2012
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Negligence, Virginia Circuit Courts

Although plaintiff has not identified a particular employee, plaintiff may sue for negligent hiring and retention on allegations that the unknown employee lacked skill or judgment required to operate an amusement ride in a reasonable and prudent manner, and the Hanover Circuit Court overrules defendant’s demurrer. Defendant argued plaintiff’s complaint does not state the identity [...]

Power Company Faces Easement Claim

By Deborah Elkins
Published: January 11, 2012
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Real Estate, Virginia Circuit Courts

A petitioner has sufficiently stated a claim against VEPCO by alleging the power company has interfered with his non-exclusive easement for ingress and egress to travel between his residence and a state road by blocking the easement, and the Hanover County Circuit Court overrules respondent’s demurrer. Petitioner has a property interest in the form of [...]

Debtor’s Fifth Amendment Claim Denied

By Deborah Elkins
Published: January 11, 2012
Tags: Creditor’s Rights, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover County Circuit Court denies defendant’s motion to quash a summons for debtor’s interrogatories and subpoena duces tecum, in which debtor asserts his Fifth Amendment right against self-incrimination. There is no blanket Fifth Amendment right to refuse to answer questions in noncriminal proceedings. The privilege must be specifically claimed on a particular question and [...]

Tortious Interference Claim Dismissed

By Deborah Elkins
Published: January 11, 2012
Tags: Employment, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A plaintiff suing for tortious interference with a contractual relationship has failed to allege that the contractual relationship was not at will, and the Hanover County Circuit Court dismisses the claim with leave to amend. There is a rebuttable presumption that employment in Virginia is at will. Plaintiff has failed to allege this employment contract [...]

No Contract from Lender’s Letter, Phone Call

By Deborah Elkins
Published: October 17, 2011
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Real Estate, Virginia Circuit Courts

Although plaintiff alleges defendant promised in a letter not to accelerate a note on plaintiff’s property until after a certain date, and in a telephone conversation not to foreclose if plaintiff applied for a short sale, the Hanover Circuit Court dismisses plaintiff’s claim for breach of contract and other claims challenging defendant lender’s actions. Plaintiff [...]

Defendant Bankrupt, Plaintiff Sues UM Carrier

By Deborah Elkins
Published: July 6, 2011
Tags: Hanover County Circuit Court, Insurance, Judge J. Overton Harris, Virginia Circuit Courts

Although plaintiff received a $2,250 payment in 2008 for his injuries from a 1996 auto accident after the defendant driver’s employer, Builders Transport, was discharged in bankruptcy, plaintiff still may pursue a claim in order to litigate his own uninsured/underinsured motorist coverage with his carrier State Farm; but the Hanover County Circuit Court denies plaintiff’s [...]

Park Vendor Has Conversion Claim for Kiosk Use

By Deborah Elkins
Published: June 7, 2011
Tags: Contract, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover Circuit Court refuses to set aside a jury verdict finding defendant Kings Dominion Amusement Park liable for damages for conversion of a concessions kiosk operated by plaintiff business; plaintiff may proceed with a claim for unjust enrichment, but may claim damages only for the value of the benefit to defendant from its use [...]

IRA Withdrawal Penalty is Dissipation of Marital Estate

By Deborah Elkins
Published: May 3, 2011
Tags: Domestic Relations, Hanover County Circuit Court, Judge J. Overton Harris, Virginia Circuit Courts

A Hanover County Circuit Court says wife’s use of $17,180 from the parties’ IRA was for proper purposes such as payment for attorney’s fees, the children’s college expenses, car repairs and household expenses, but the $5,727 tax penalty she incurred for her early withdrawal of the IRA funds constitutes dissipation of marital assets for which [...]