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Tag Archives: Supreme Court of Virginia

Negligence – Firehouse Pole – Firefighter Injury – Statute Of Repose (access required)

A firefighter cannot sue for personal injuries suffered when a firehouse pole platform, installed in January 1999, collapsed in 2006, as the steel platform and pole are “ordinary building materials,” not “equipment, machinery or other article,” and the Supreme Court ...

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Civil Procedure – Jurisdiction – Standing – Legal Notice Publication (access required)

A circuit court did not have subject matter jurisdiction to determine whether a newspaper meets the requirements of Va. Code § 8.01-324(A) for the publication of legal notices and to enter an ex parte order ruling on that subject, the ...

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Contract – Condo Sale – Merger Doctrine – Fraud – VCPA (access required)

Condominium purchasers suing on a claim that defendant did not install hardwood flooring “substantially equivalent” to the type stated in their sales contracts can sue for damages, as their breach of contract claims are not barred by the merger doctrine ...

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Criminal – SVPA – Civil Commitment – Substantial Compliance (access required)

Although the first psychologist who evaluated appellant as a “sexually violent predator” did not satisfy the “treatment” criteria of Va. Code § 37.2-904, the commonwealth promptly substituted a qualified professional for another evaluation and an amended petition and it “substantially ...

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Contract – Bridge Construction – Delay Claims – Written Notice To VDOT (access required)

In this appeal concerning performance of contractor AMEC Civil LLC’s contract with VDOT for the Route 58 Clarksville Bypass in Mecklenburg County, the Supreme Court holds VDOT was entitled to timely written notice of claim under Va. Code § 33.1-386(A), ...

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Insurance – Construction Fatality – Indemnification (access required)

In this case involving multiple insurance carriers involving a subcontractor’s duty to defend and indemnify a general contractor sued after a job site accident involving two employees of the elevator subcontractor, the Supreme Court of Virginia says a contract provision ...

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