Negligence – Negligent Retention – Emotional Distress – Employee Sexual Assault 
By Deborah Elkins
Published: November 5, 2010
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Negligence, Virginia Circuit Courts
A former employee of defendant Hanover Research Council who alleges he was sexually assaulted and battered by HRC’s founder/CEO can sue for negligent infliction of emotional distress; a Fairfax Circuit Court says the negligent infliction claim is not time-barred, as it relates back to the original complaint’s assertion of a claim for intentional infliction of [...]
Attorneys – Legal Malpractice – Contract Claim – Limitations
By Deborah Elkins
Published: November 5, 2010
Tags: Attorneys, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
Although a plaintiff’s original complaint alleged “Malpractice” against defendant lawyer, the complaint necessarily referred to a breach of contract action, since that is what legal malpractice is, and a Fairfax Circuit Court overrules defendant’s plea in bar which claims plaintiff changed her cause of action when she refiled after nonsuit to allege a claim for [...]
Contract – Limitation Of Liability – Engineering Firm – Site Plan
By Deborah Elkins
Published: October 5, 2010
Tags: Contract, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
An engineering firm that alleges defendant failed to pay for its services in construction of a tire recycling plant in Louisa County cannot limit its own liability to defendant, who has counterclaimed, alleging the engineering firm breached its contract by failing to develop a site plan that would place the plant within Dominion Virginia Power’s [...]
Paying the water bill: Case highlights disparities
By Alan Cooper
Published: September 10, 2010
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Judge Thomas D. Horne, Loudoun County Circuit Court, Municipal, Supreme Court of Virginia News
Water wars are being waged in Virginia localities, and the Supreme Court of Virginia is poised to dip a toe into the murky depths. Residents of Virginia counties often pay more for water and sewer service than do the residents of towns and cities that provide the service. It’s a big issue for cash-strapped local [...]
Civil Procedure – Discovery – Attorney-Client Privilege – HOA Documents
By Deborah Elkins
Published: August 27, 2010
Tags: Civil Procedure, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
In this dispute between condo owners and the owners’ association’s board of directors over designation of parking spaces, a Fairfax Circuit Court denies plaintiff owners’ motion to compel the directors to produce documents relating to any communications between the HOA, its board members, the HOA members, and management company, past and present, and any attorney [...]
Criminal – Expungement – Standard of Proof – Job Search
By Deborah Elkins
Published: May 18, 2010
Tags: Criminal, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
Although the standard of proof is a little murky, a man’s suspicion that he wasn’t being hired because he had been arrested – but acquitted – of attempted malicious wounding of an officer is not a “manifest injustice” that requires expungement of his arrest record, a Fairfax Circuit Court says. Claimant seeks expungement of his [...]
Civil Procedure – Final Order – Rule 1:1 – Condemnation Action
By Deborah Elkins
Published: May 18, 2010
Tags: Civil Procedure, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
In this follow-up to a condemnation action by the Commonwealth Transportation Commissioner, a Fairfax Circuit Court denies respondent landowner’s request for reimbursement of expert costs; although the “final order” entered in this case reserved respondent’s right to seek costs, the court did not reserve jurisdiction for additional proceedings, and it has no jurisdiction under Rule [...]
Criminal – Habeas – Ineffective Assistance – Competency
By Deborah Elkins
Published: May 18, 2010
Tags: Criminal, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
Although this habeas petitioner contends his lawyer should have requested a psychiatric examination because petitioner “constantly blabbered that he was a police officer” and his family thought he was acting strange, he has not presented any facts or evidence to support his claim that this or any other action by either of his trial lawyers [...]
Civil Procedure – Complaint ‘Courtesy Copy’ – Answer
By Deborah Elkins
Published: May 14, 2010
Tags: Civil Procedure, Fairfax Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
A defendant in a med-mal case is not prohibited from filing an answer to a plaintiff’s complaint which has been filed, but not served, but a defendant who voluntarily files an answer forfeits the right to demand plaintiff’s expert witness certification under Va. Code § 8.01-20.1, says a Fairfax Circuit Court. A defendant in a [...]
Teacher’s aide killed in collision with police car – $1,500,000 Settlement
By Virginia Lawyers Weekly
Published: April 26, 2010
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Wrongful Death
The 33-year-old decedent, Ashley McIntosh, drove her car out of a shopping center on a green light and was proceeding eastbound through an intersection. A northbound police car operated by the defendant, Fairfax County police officer Amanda Perry, went through the red light and struck the passenger side of the decedent’s car. Defendant was en [...]
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