Med-mal claim against radiology group reinstated

Firearm ‘False Statement’ Conviction Reversed

By Deborah Elkins
Published: November 10, 2011
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

Although a firearm purchaser knew he had been charged with a marijuana felony and a trial date had been set, he said he did not know he had been indicted two days before he tried to buy a firearm and answered “No” on an AFT form asking if he was under indictment for any felony, [...]

Victim’s Prior Consistent Statement Admissible

By Deborah Elkins
Published: November 10, 2011
Tags: Evidence, Justice Charles S. Russell, Supreme Court of Virginia

At defendant’s trial for forcing a woman, whom he knew from his having repaired her family’s vehicles, in an act of oral sex, there was no error in admission of the woman’s prior consistent statements about not having seen a gun, but having heard a gun click, in response to an assertion the woman had [...]

Inmate Death Suit Against Sheriff Dismissed

By Deborah Elkins
Published: September 22, 2011
Tags: Justice Charles S. Russell, Supreme Court of Virginia, Tort

The estate of a prisoner who died after allegedly being beaten by fellow inmates cannot sue defendant sheriff and deputies for negligence under the Virginia Tort Claims Act; the Virginia Supreme Court says the sovereign immunity of the commonwealth was not waived and the trial court correctly dismissed the case for lack of subject matter [...]

Sub Has Comp Bar, Even Without Insurance

By Deborah Elkins
Published: September 22, 2011
Tags: Justice Charles S. Russell, Supreme Court of Virginia, Workers’ Comp

A subcontractor sued by an injured employee of the general contractor does not forfeit the protection of the workers’ comp bar because the sub failed to carry workers’ compensation insurance; in this first-impression case, the Supreme Court of Virginia says the circuit court erred in letting the employee sue in tort. On May 7, 2007, [...]

Third P.I. Suit Dismissed as Time-Barred

By Deborah Elkins
Published: June 14, 2011
Tags: Civil Procedure, Justice Charles S. Russell, Supreme Court of Virginia

A plaintiff who filed for Chapter 7 bankruptcy after an auto accident and received a discharge before he filed his first personal injury suit, and then, after two nonsuits, had his bankruptcy case reopened to list the p.i. claim as an asset and exempt property before filing a third p.i. suit, has his case dismissed [...]

No Expungement After Successful Insanity Plea

By Deborah Elkins
Published: June 13, 2011
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

A defendant found not guilty by reason of insanity on a charge of malicious wounding is not entitled to have his criminal record expunged under Va. Code § 19.2-392.2, the Supreme Court of Virginia says. In 2006, defendant was ordered into the custody of the Commissioner of Behavioral Health and Developmental Services, and in 2006, [...]

Denial of Habeas Relief Upheld for Teen Shooter

By Deborah Elkins
Published: April 28, 2011
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

A defendant who, at age 17, armed himself and his 14-year-old brother and told their mother they were off to play basketball at a rec center, but who instead confronted two other teens on their bikes, and shot and severely injured one boy, while his brother shot and killed the other boy, is not entitled [...]

State Employee Wins Appeal, Gets Attorney’s Fees

By Deborah Elkins
Published: April 25, 2011
Tags: Employment, Justice Charles S. Russell, Supreme Court of Virginia

A former state corrections official who won her state grievance after she was involuntarily demoted wins her appeal in the Virginia Supreme Court after the Department of Corrections attempted to comply with the hearing officer’s order of reinstatement by transferring the successful grievant to a newly created position of deputy warden at another institution. Because [...]

No Expungement After Plea to Lesser-Included Offense

By Deborah Elkins
Published: April 25, 2011
Tags: Criminal, Justice Charles S. Russell, Supreme Court of Virginia

A man who pleaded guilty to two lesser-included misdemeanor offense of assault and battery after being charged with two felonies is not entitled to have the felony arrest record expunged, the Supreme Court of Virginia holds. The man was charged with felonious disregard of a police officer’s signal to stop, in violation of Va. Code [...]