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Tag Archives: Virginia Circuit Courts

Court Rejects ‘Criminal Act’ Policy Exclusion (access required)

In a disabled adult’s suit seeking damages for second-degree burns she suffered in 2011 while in the care of de­fendant home health agency’s employee/ independent contractor, the Norfolk Cir­cuit Court denies summary judgment to defendant insurance company based on its ...

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Email Satisfies ‘Written Demand’ to Corporation (access required)

An email sent by an executor of the es­tate of the 70-percent owner of a Virginia Beach mini-golf course to the 30-percent owner and president proposing a resolu­tion of their dispute satisfied the stat­utory requirements for a valid written demand ...

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A ‘truly unique’ case: Contrib allowed in med-mal lawsuit (access required)

Emergency Hospital Paramedics FEA

A patient’s own behavior – allegedly misleading a doctor about his medication history – can be used to defeat a medical malpractice claim, a Virginia judge has ruled. Even though the Supreme Court of Virginia has rejected theories of contributory ...

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Med-Mal Plaintiff Sues for Negligent Credentialing (access required)

A Lynchburg Circuit Court says a plaintiff suing for medical malpractice by defendant physician also has stated a claim for negligent credentialing and privileging with allegations that he reasonably relied on defendant’s credentialing process and that such reliance caused him ...

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Court Rejects ‘Excessive Fine’ Toll Road Claim (access required)

A Fairfax Circuit Court rejects a motorist’s claim that an assessment for 157 separate violations of Va. Code § 46.2-819.1 for failure to pay tolls while using the Dulles Toll Road amounts to an excessive and unconstitutional fine. Defendant claims ...

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