Motel Franchise Terminated Post-Lease

Birth Certificate Only ‘Prima Facie’ Proof

By Deborah Elkins
Published: August 10, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts, Wills & Trusts

Although a party who claims to be the only lineal descendant who can inherit an interest in real estate has presented a certified birth certificate, the Richmond Circuit Court says under Virginia law, the birth certificate is only prima facie evidence of the relationship and the claimant’s motion for summary judgment is denied. Defendant David [...]

Circuit Court Can’t Allow Amendment

By Deborah Elkins
Published: August 10, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court says it has no jurisdiction to allow a plaintiff who is appealing to the circuit court a general district court’s dismissal with prejudice of his suit against “Unnamed Quartermaster,” to amend his complaint to identify that person. Virginia Code § 16.1-106 governs appeals from general district court to circuit court. This [...]

Statutory ‘Cohabitation’ Claim Survives

By Deborah Elkins
Published: July 30, 2012
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

A Richmond Circuit Court overrules a wife’s demurrer to her husband’s suit to terminate spousal support for cohabitation under Va. Code § 20-109(A); because the parties’ agreement was entered into after the enactment of the cohabitation bar provision, husband may invoke the statutory bar. Wife contends their agreement was not part of the divorce proceeding [...]

No Charitable Immunity for Theatre Foundation

By Deborah Elkins
Published: July 30, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Tort, Virginia Circuit Courts

A volunteer who serves on a restoration committee for the vintage Wurlitzer organ at Richmond’s historic Byrd Theatre, and who was injured while attempting to repair the theatre organ, can sue the Byrd Theatre Foundation for negligence; a Richmond Circuit Court says the Foundation does not have charitable immunity. Given defendant’s charitable purpose to provide [...]

Tenant Has Contract Claim for Carbon Monoxide

By Deborah Elkins
Published: July 30, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts

A tenant who alleges injury from carbon monoxide exposure caused by a defective stove and furnace in her apartment leased from defendants can sue defendant landlord for breach of contract, but the Richmond Circuit Court sustains the landlord’s demurrer to her negligence claims. Recently, in Steward v. Holland Family Props., [VLW 012-6-091], the Supreme Court [...]

Invitee Claims Concealment in Stairway Injury

By Deborah Elkins
Published: July 30, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts

An invitee who was injured when he used a pull-down stairway to an attic on premises leased by his estranged wife under a written lease has not alleged a negligence claim against the landlord based on fraudulent concealment, as he has not identified those who allegedly perpetrated the fraud or stated details of time, place [...]

New Claim Not Barred by Prior Nonsuit

By Deborah Elkins
Published: July 30, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

Although plaintiff earlier nonsuited a claim filed in another circuit court for breach of contract, that nonsuit does not preclude a nonsuit in this Richmond Circuit Court case, as the earlier suit sought to compel production of an LLC’s financial records and this suit seeks money damages from defendant in his personal capacity. As for [...]

Res Judicata Bars Suit Against Law Firm

By Deborah Elkins
Published: July 27, 2012
Tags: Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts, Wills & Trusts

After another circuit court sustained pleas in bar filed by defendants in this lawsuit, preventing three claims relating to defendant’s representation of plaintiffs of a decedent’s estate from going forward, the Richmond Circuit Court says the current suit is barred by the doctrine of res judicata. The other case, filed in Chesterfield County Circuit Court, [...]

Blind Tenant Can Sue Landlord

By Deborah Elkins
Published: May 16, 2012
Tags: Judge Melvin R. Hughes Jr., Landlord/Tenant, Richmond Circuit Court, Virginia Circuit Courts

In this case involving a tenant’s claims against her landlord, a management company, the landlord’s security company and another tenant for personal injuries plaintiff suffered when the other tenant’s vehicle allegedly struck plaintiff, who is blind, the Richmond Circuit Court says plaintiff’s only contract claim to survive demurrer is a contract claim against the landlord. [...]