Creditors Had Quasi Lien on Decedent’s Property

Plaintiff May Amend for ‘Gross Negligence’

By Deborah Elkins
Published: May 10, 2013
Tags: Judge Junius P. Fulton III, Negligence, Norfolk Circuit Court, Virginia Circuit Courts

In litigation arising from an officer’s automobile collision with another vehicle, the Norfolk Circuit Court will allow plaintiff to amend the complaint to allege gross negligence. Gross negligence means something more than lack of ordinary care. The court defines gross negligence as a degree of negligence which shows an utter disregard of prudence amounting to [...]

A new player in judicial elections

By Peter Vieth
Published: December 24, 2012
Tags: General Assembly, Judge Isaac St. C. Freeman, Judge Junius P. Fulton III, Judge William R. O'Brien, Judicial Selection

There is a new player at the table when it comes to the reelection prospects of judges in Virginia. A child advocacy group based in Tennessee commanded the attention of legislators at judicial interviews earlier this month by citing data in a special report it prepared for the General Assembly and distributed prior to the [...]

Report criticizes Va. judges on child abuse cases

By The Associated Press
Published: December 14, 2012
Tags: General Assembly, Judge Isaac St. C. Freeman, Judge Junius P. Fulton III, Judge William R. O'Brien, Judicial Selection

Only a small percentage of suspected crimes against children are prosecuted in Virginia, and very few of those cases result in meaningful prison sentences, a child advocacy group says in a new report. The National Association to PROTECT Children sent the report this week to members of two legislative committees that will meet Friday to interview [...]

No Condemnation Claim for Flood Damage

By Deborah Elkins
Published: November 1, 2012
Tags: Judge Junius P. Fulton III, Norfolk Circuit Court, Real Estate, Virginia Circuit Courts

A property owner cannot state a condemnation claim against the city of Norfolk based on damage to her property from flooding allegedly caused by the city’s failure to enforce conditions on a neighbor’s fill permit, and the Norfolk Circuit Court denies plaintiff’s motion to reconsider. Plaintiff did not plead that she has been deprived of [...]

Workers’ Comp Bar Covers Assault

By Deborah Elkins
Published: October 15, 2012
Tags: Judge Junius P. Fulton III, Norfolk Circuit Court, Virginia Circuit Courts, Workers' Comp

A woman who alleges a coworker grabbed her breasts as they were discussing whether he would become her supervisor has alleged an injury that arose out of her employment, and the Norfolk Circuit Court sustains employer’s plea in bar to her negligence claim. An injury that comes within the scope of the Workers’ Compensation Act [...]

Guns Out for Illegal Traffic Detention

By Deborah Elkins
Published: June 25, 2012
Tags: Judge Junius P. Fulton III, Norfolk Circuit Court, Search & Seizure, Virginia Circuit Courts

Officers’ testimony about smelling marijuana after a lawful traffic stop was inconsistent and unsupported and police exceeded the lawful scope of the stop when they hauled a passenger out and handcuffed him without first asking him to exit the vehicle; a Norfolk Circuit Court suppresses the guns found on the passenger after he was handcuffed. [...]

Soundproofing Agreement Was for Easement

By Deborah Elkins
Published: January 10, 2012
Tags: Contract, Judge Junius P. Fulton III, Norfolk Circuit Court, Virginia Circuit Courts

A developer’s alleged agreement to allow a first-floor lessee to enter second-floor premises to install soundproofing material for lessee’s restaurant was an oral easement, not enforceable under the statute of frauds, and a Norfolk Circuit Court grants summary judgment to defendant on a claim for breach of contract. The lessee allegedly had to close its [...]

Customer Can Sue for Negligent Supervision

By Deborah Elkins
Published: November 8, 2011
Tags: Judge Junius P. Fulton III, Negligence, Norfolk Circuit Court, Virginia Circuit Courts

A Lowe’s customer who alleges she suffered a brain injury when a Lowe’s employee climbed a ladder to retrieve an item and dropped a box on plaintiff customer can sue Lowe’s for negligent training and negligent supervision of its employee, as the Norfolk Circuit Court distinguishes this case from the Virginia Supreme Court decision in [...]