Other Bank Robberies’ Evidence Comes In

Venue Transfer in Richmond P.l. Case

By Deborah Elkins
Published: April 16, 2013
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

In this auto-accident personal injury suit, although defendant lawyer serving as administrator of a deceased driver’s estate has an office in the city of Richmond, venue is not proper in Richmond, and the Richmond Circuit Court orders the suit to be transferred either to Powhatan County, where the accident occurred, or to Chesterfield County, where [...]

Husband Owes Fees for Agreement Breach

By Deborah Elkins
Published: April 16, 2013
Tags: Domestic Relations, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts

Although husband supplied to wife unsigned and unfiled copies of his federal tax returns for 2010 and 2011 for purposes of recalculation of spousal support, a Richmond Circuit Court finds these are “true copies,” pending some further dispute based upon husband’s tax returns furnished by the IRS, and orders husband to pay wife’s attorney’s fees [...]

Plaintiff May Add ‘Informed Consent’ Claim

By Deborah Elkins
Published: April 16, 2013
Tags: Judge Charles N. Dorsey, Medical Malpractice, Roanoke Circuit Court, Virginia Circuit Courts

A Roanoke City Circuit Court says a plaintiff who alleges defendant was negligent in performing vascular surgery on her right thigh five years earlier may amend her complaint to allege defendant failed to obtain informed consent, as that claim relates back to the filing date of the original complaint; however, plaintiff’s punitive damages and fraud [...]

City Worker Can Grieve Discipline, But Not Discharge

By Deborah Elkins
Published: April 5, 2013
Tags: Employment, Judge Charles E. Poston, Norfolk Circuit Court, Virginia Circuit Courts

Although the former assistant director of a victim/witness assistance program may grieve her discipline for violating an office policy on rental car use, she may not grieve her dismissal, as grievance of termination for “special project” employees such as plaintiff is expressly disallowed by the city code, says a Norfolk Circuit Court. As a result [...]

Plywood Flying from Pickup Truck is ‘Auto Accident’

By Deborah Elkins
Published: April 5, 2013
Tags: Insurance, Judge Clifford R. Weckstein, Roanoke Circuit Court, Virginia Circuit Courts

A Roanoke City Circuit Court says two employees of a remodeling company were “using” a pickup truck under Virginia law when they loaded a piece of plywood into the truck bed, and auto liability policies of the truck owner and its driver provide coverage for injuries suffered by a pedestrian who was struck by the [...]

Lender Gets Constructive Trust on Wife’s Interest

By Deborah Elkins
Published: March 20, 2013
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Real Estate, Virginia Circuit Courts

Although a lender that refinanced a mortgage on property owned by husband and wife as tenants by entirety neglected to get wife’s signature on the refinance loan, the Hanover County Circuit Court imposes a constructive trust on wife’s interest in the property, now that her husband has died and the property is subject to foreclosure; [...]

Developer Wins Limited Declaratory Relief

By Deborah Elkins
Published: March 20, 2013
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Real Estate, Virginia Circuit Courts

In this dispute over a developer’s alternative plans to provide water and sewer service to a proposed development after the localities changed plans to share that responsibility, a Loudoun County Circuit Court orders limited declaratory relief and holds that a determination of rights regarding whether the tract may be developed with an Alternative Onsite System [...]

Judgment Debtor May Not Disclaim Interest

By Deborah Elkins
Published: March 5, 2013
Tags: Halifax County Circuit Court, Judge Joel C. Cunningham, Real Estate, Virginia Circuit Courts

A judgment debtor may not disclaim his interest in a family farm in order to avoid the creditor’s partition suit, says a Halifax County Circuit Court. On May 27, 2011, plaintiff Ace Electric Company obtained a judgment against James Erik Butler in Henrico County Circuit Court, for $137,458.28, plus costs of $289. On July 6, [...]

Agency Must Pay Hospital’s Legal Fees

By Deborah Elkins
Published: March 5, 2013
Tags: Administrative, Chesapeake Circuit Court, Judge V. Thomas Forehand Jr., Virginia Circuit Courts

A Chesapeake Circuit Court orders the Virginia Department of Medical Assistance to pay a hospital’s legal fees in the parties’ dispute over reimbursement for medical services provided by the hospital to Medicaid patients. A party has substantially prevailed on the merits of his action under Va. Code § 2.2-4030(a) if it has obtained a judgment [...]