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Supreme Court to hear continuous treatment rule case

The Supreme Court of Virginia will hear the appeal of a woman who contends that a judge in Richmond erred in holding that the continuous treatment rule did not toll the statute of limitations in a medical malpractice case. The case is Alyssa Chalifoux v. Radiology Associates of Richmond Inc., Record No. 100052.

The Supreme Court also finally entered an order granting the appeal of the award of sanctions against 40 Gloucester County residents who had petitioned from the removal of four members of the board of supervisors. The court earlier had said it did not need to hear oral argument to decide that the issue merited its consideration.The case is Garr N. Johnson, et al. v. Gregory Woodard, et al., Record No. 092323.

Those cases wers among 10 in which the court granted petitions for appeal within the last week. The others are:

CNH America LLC v. Fred N. Smith, Record No. 091991, from Smyth County, a challenge to the admissibility of expert testimony in a product liability case.

Commonwealth v. Wellyn Flores Chan, Record No. 092346, from Norfolk, a challenge to the modification of a sentencing order four years after it was entered.

Joseph C. Lee v. City of Norfolk, Record No. 092385, an appeal of the rejection of inverse condemnation and property damage claims.

Michael J. Morrissey v. Todd Watson, et al., Record No. 092425, and Michael J. Morrissey v. David Hargett, et al., Record No. 092426, challenge by a frequent pro se litigant to enforcement of an order barring him from filing further suits in Chesterfield County Circuit Court.

Michael E. Siska Revocable Trust, etc. v. Milestone Development LLC, et al., Record No. 092491, from Montgomery County, a case involving derivative standing to enforce the rights of a limited liability company.

Aurora Loan Services LLC v. Jack P. Fulton, Record No. 100090, from Virginia Beach, whether general district judge properly found that an unlawful detainer suit was barred by res judicata and the circuit judge corrently ruled that it had no jurisdiction to hear the case.

R. Forrest Scott, et al. v. Burwell’s Bay Improvement Association, Record No. 100149, from Isle of Wight, challenge to ruling that appellant had failed to prove an easement by prescription to riparian rights.


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