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Remittitur Ordered After Land Transfer (access required)

By Deborah Elkins
Published: July 30, 2012
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In this dispute over property the parties formerly held as joint tenants with right of survivorship, the Loudoun County Circuit Court denies plaintiff’s request for rescission of her conveyance of her interest to defendant and orders a remittitur that requires defendant to pay plaintiff $20,000, instead of the $50,000 a jury said in 2008 that [...]

County Tax Assessments Upheld (access required)

By Deborah Elkins
Published: July 30, 2012
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A Loudoun County Circuit Court denies an owner’s request for correction of the 2010 tax assessments on four contiguous parcels of land, both improved and unimproved, in the town of Leesburg, that the owner recently valued as one parcel for purposes of a transfer to a related entity. The owners says the assessments of the [...]

No Equitable Estoppel for Homeowners’ Claim (access required)

By Deborah Elkins
Published: July 30, 2012
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Homeowners who had a new home built in 2003 and allege they had problems with the HVAC system as soon as they occupied the home in 2004 waited too long to sue the builder and HVAC subcontractor for breach of contract, unjust enrichment and negligence, injury to property; a Loudoun County Circuit Court says defendants [...]

Plaintiff May Depose School Officials (access required)

By Deborah Elkins
Published: July 30, 2012
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In this suit against a school board, the Loudoun County Circuit Court grants petitioners leave to depose the school system’s director of planning & legislative services and its director of special education, but denies the request to depose four additional persons. The court finds with respect to the four interrogatories objected to, that the petitioners’ [...]

Use of Codefendant Tape Violated Edwards (access required)

By Deborah Elkins
Published: July 30, 2012
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A defendant’s statement – “Oh he’s going to put this all on me” – made in response to hearing a tape recording of a codefendant’s statement is suppressed by a Loudoun County Circuit Court; the statement was obtained after defendant had invoked his right to counsel when approached by officers of the Loudoun County Sheriff’s [...]

Cargo van ran stoplight, hit Mini Cooper at 55 mph – $300,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: June 11, 2012
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On Nov. 6, 2009, plaintiff was driving southbound in a thru lane on Atlantic Blvd. at the intersection with Nokes Blvd. in Loudoun County. Plaintiff was driving a 2005 Mini Cooper coupe. At that same time, defendant Bermudez, employee of defendant Christos Building Services, was driving eastbound in a thru lane on Nokes Blvd. approaching [...]

Arbitration Award Subject to Res Judicata (access required)

By Deborah Elkins
Published: May 8, 2012
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A Loudoun County Circuit Court reconsiders its earlier denial of a motion to stay arbitration in this litigation over a contract involving road construction, and grants defendant’s motion to stay arbitration proceedings; under Va. Code § 8.01-581.012, a judgment confirming an arbitration award is to be treated like any other judgment, including the application of [...]

Plaintiff may need total knee replacement – $575,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: May 7, 2012
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This case involved a motor vehicle accident wherein the defendant pulled out from a stop sign into the path of the plaintiff, causing a comminuted tibial plateau fracture. As a result of the fracture, the plaintiff had to undergo a surgical procedure. The plaintiff incurred $53,000 in medical expenses and $9,800 in lost wages. The [...]

Crash triggered post-traumatic headaches – $150,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: April 30, 2012
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The case stemmed from a motor vehicle accident that occurred in Loudoun County. The defendant sideswiped the plaintiff’s vehicle. At the scene, the plaintiff felt a little disoriented but did not seek immediate medical treatment. She later sought treatment after experiencing nausea and headaches. She also experienced mild cervical strain, which resolved, but she continued [...]

Single-vehicle accident took lives of three family members – $965,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: March 5, 2012
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This wrongful death case stemmed from a family tragedy in which three Purcellville residents were killed and four others were injured in a single-vehicle crash. The accident occurred on Route 55 near Front Royal on Sept. 5, 2010, when the SUV left the road, over-corrected and drove over an embankment into a tree. All passengers [...]

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