Nonsuited Jones Act Claim Filed Too Late

Default Judgment Vacated for Defective Service

By Deborah Elkins
Published: December 19, 2012
Tags: Civil Procedure, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk Circuit Court vacates a default judgment entered against defendant on a contract claim, as plaintiff failed to effect personal service at the Norfolk address where defendant has lived since 1990 and constructive service on defendant was defective because the affidavit of service of process did not indicate service included the complaint and summons. [...]

New Guardian Can Change Beneficiary

By Deborah Elkins
Published: December 19, 2012
Tags: Judge Mary Jane Hall, Norfolk Circuit Court, Virginia Circuit Courts, Wills & Trusts

In this suit involving competing claims to life insurance proceeds, a Norfolk Circuit Court holds that decedent’s widow, who was replaced by decedent’s daughter as his guardian and conservator, could be removed by the daughter as a beneficiary on decedent’s life insurance benefits, a change he requested when the daughter assisted him in processing his [...]

Drywall Installers Face Building Code Claims

By Deborah Elkins
Published: December 19, 2012
Tags: Judge Mary Jane Hall, Norfolk Circuit Court, Products Liability, Virginia Circuit Courts

A Norfolk Circuit Court preparing to try homeowners’ claims against defendant installers of defective Chinese drywall will exclude evidence of negligence by other defendants who may have settled their claims in multi-district litigation in federal court and will prohibit installer defendants from arguing they are not covered by the Building Code; the court also overrules [...]

No Choice-of-Law for Promissory Estoppel Claim

By Deborah Elkins
Published: November 30, 2012
Tags: Contract, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

Although the parties’ choice-of-law clause calls for application of California law, a Norfolk Circuit Court says the choice-of-law provision will not allow plaintiff tax preparation service to sue defendant bank for promissory estoppel, a claim that Virginia law does not recognize. Plaintiffs provide tax preparation and electronic filing services directly to consumers at their own [...]

Forms over substance: Agency can’t retract payments by claiming paperwork errors

By Paul Fletcher
Published: November 26, 2012
Tags: Administrative, Fairfax County Circuit Court, Judge Lorraine Nordlund, Judge Mary Jane Hall, Norfolk Circuit Court

The Virginia Department of Medical Assistance Services has been rebuffed in two different cases in its efforts to get back money it paid for services rendered through Medicaid. In cases from Fairfax and Norfolk, DMAS sought to retract payments of more than $100,000 by claiming providers made errors in filling out agency forms. But two [...]

Contractor shot while staying at hotel provided by employer – Defense Verdict

By Virginia Lawyers Weekly
Published: November 19, 2012
Tags: Judge Karen J. Burrell, Million-Dollar Defense Verdicts, Norfolk Circuit Court, Personal Injury

Kamco Services Inc., a contractor based near Richmond, was hired by Norfolk Public Schools to perform renovation work. For several months, plaintiff Hunter Clay and other contractors stayed at the Econo Lodge in the 800 block of N. Military Hwy. during the work week, despite plaintiff’s claiming that he repeatedly asked his employer to move [...]

Mother backed car into father during child visitation exchange – $150,000 Verdict

By Virginia Lawyers Weekly
Published: November 19, 2012
Tags: Norfolk Circuit Court, Personal Injury

In a child visitation exchange gone wrong, plaintiff father claimed defendant mother was angered that he had cut one of the children’s hair during the weekend visit. Plaintiff’s testimony was that mother called the father a “retard” and stated to the 5-year-old she was going to beat her [tail] when they got home for allowing [...]

Heel fracture not diagnosed after auto accident – Defense Verdict

By Virginia Lawyers Weekly
Published: November 12, 2012
Tags: Judge Karen J. Burrell, Medical Malpractice, Million-Dollar Defense Verdicts, Norfolk Circuit Court

Plaintiff, a 57-year-old male, was involved in a high-speed, head-on motor vehicle accident on Oct. 4, 2006. He was taken to an area hospital with life-threatening injuries, including intra-abdominal bleeding requiring emergency surgery and a bowel resection. Pre-operatively, numerous radiology studies were ordered by the trauma team, including a “limited view” X-ray of his right [...]

Drunken driver rear-ended plaintiffs at 60 mph – $250,000 Settlement

By Virginia Lawyers Weekly
Published: November 12, 2012
Tags: Norfolk Circuit Court, Personal Injury

The plaintiffs, husband and wife, were traveling on East Princess Anne Road in Norfolk in their 2004 Jeep Wrangler when they were rear-ended by the defendant, who was operating a 1997 Ford F-150 pick-up truck. Plaintiffs’ vehicle was traveling at approximately 30 mph, and it was estimated that the defendant struck them going approximately 60 [...]