New zoning cases ‘reconcilable,’ land use lawyer says 
By Virginia Lawyers Weekly
Published: May 7, 2012
Tags: Judge Mary Grace O'Brien, Justice Cleo E. Powell, Justice Cynthia D. Kinser, Justice Donald W. Lemons, Justice Elizabeth A. McClanahan, Justice S. Bernard Goodwyn, Justice William C. Mims, Prince William County Circuit Court, Supreme Court of Virginia News, Zoning
The Supreme Court of Virginia’s recent resolution of a zoning case by unpublished order has caused confusion both on the high court and among observers, where none is warranted. In its unpublished order in Town of Occoquan v. Elm Street Development, Inc. (VLW 012-6-062), the high court upheld a decision in favor of a developer [...]
Teen claimed she didn’t know driver was drinking – $175,000 Settlement
By Virginia Lawyers Weekly
Published: May 7, 2012
Tags: Personal Injury, Prince William County Circuit Court
This case stemmed from a motor vehicle accident. Plaintiff was 18 years old and had been at a gathering at her boyfriend’s townhouse. It was alleged that there had been drinking going on, but she contended that she was not aware of this. At approximately 11:00 p.m., everyone at the townhouse decided to go for [...]
Court Reconsiders ‘Vested Rights’ Case
By Deborah Elkins
Published: April 2, 2012
Tags: Judge Craig D. Johnston, Prince William County Circuit Court, Virginia Circuit Courts, Zoning
In this suit in which the court earlier made rulings involving vested rights [VLW 011-8-195], the Prince William County Circuit Court now grants motions for reconsideration, in part. I have concluded the motions for reconsideration should be granted. The Supreme Court of Virginia’s Dec. 1, 2011, order stayed further hearing before the BZA and the [...]
Plaintiff denied recovery for negligence of John Doe motorist – Motion to Dismiss Granted
By Virginia Lawyers Weekly
Published: April 2, 2012
Tags: Judge Lon Edward Farris, Personal Injury, Prince William County Circuit Court
Plaintiff was driving a motorcycle on I-66 when he came upon a truck bumper in the road. He struck the bumper, which caused him to fall and be injured. He did not see how the bumper came to be in the road, and did not know if it fell off of a vehicle or was [...]
No Maryland Damage Cap in Virginia Case
By Deborah Elkins
Published: January 30, 2012
Tags: Judge Craig D. Johnston, Negligence, Prince William County Circuit Court, Virginia Circuit Courts
In this auto-accident case, a Prince William County Circuit Court declines to apply the Maryland cap on non-economic damages because the court finds the cap does not affect substantive rights in a wrongful death, but merely affects the remedy; but the court recognizes there is a split of authority on this point in Virginia circuit [...]
Hand bones broken in crash – $213,000 Verdict
By Virginia Lawyers Weekly
Published: January 23, 2012
Tags: Personal Injury, Prince William County Circuit Court
Plaintiff was traveling through an intersection on a green light. The defendant ran the red light, causing the cars to collide with great force in the middle of the intersection. Plaintiff suffered broken bones in her left hand. The case was tried in Prince William Circuit Court and the jury returned a verdict of $213,000. [...]
Man died after surgery, doctors prevail in death suit – Defense Verdict
By Virginia Lawyers Weekly
Published: January 16, 2012
Tags: Judge Mary Grace O'Brien, Medical Malpractice, Million-Dollar Defense Verdicts, Prince William County Circuit Court, Wrongful Death
At 10:30 a.m. on May 1, 2008, the decedent, age 80, was brought to the Prince William Hospital Emergency Department by ambulance with complaints of severe back and right hip pain, nausea and vomiting, which had started that morning. Awake, alert and screaming for morphine, decedent provided the triage nurse and ER physician, a defendant, [...]
Association wins case over condo water damage – Defense Verdict
By Virginia Lawyers Weekly
Published: January 9, 2012
Tags: Contract, Premises Liability, Prince William County Circuit Court
The plaintiff alleged she was the owner of a townhouse condominium unit that in 2008 had water intrusion from an unknown source. She complained to the condo association. The association hired a handyman to look for the source of the leak. In order to search for the leak and with the permission of the plaintiff, [...]
Court Stays Decision on Vested Rights
By Deborah Elkins
Published: October 21, 2011
Tags: Judge Craig D. Johnston, Prince William County Circuit Court, Virginia Circuit Courts, Zoning
Although the Prince William County Circuit Court has independent authority to decide a vested rights controversy raised by two letters issued by the zoning administrator, the court chooses not to exercise this authority at this time and will stay further proceedings pending decisions on appeals to the board of zoning appeals and the board of [...]
Defense offered $25K to settle back injury case – $362,500 Verdict
By Deborah Elkins
Published: October 17, 2011
Tags: Judge Lon Edward Farris, Personal Injury, Prince William County Circuit Court
Plaintiff was in the third vehicle in a three-car rear-end collision. His vehicle sustained a damaged bumper and he transported himself to the hospital hours after the collision. Plaintiff suffered aggravation of a pre-existing desiccated disc at the L5-S1 level along with a new annular tear at that level. The plaintiff also had a pre-existing [...]
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