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Driver felled by tree can sue state
A driver can sue the state for injuries he suffered when a tree on private property fell onto his car traveling a public highway in Charlottesville. In a Sept. 8 unpublished order in Cline v. Commonwealth, the Supreme Court of Virginia said a Charlottesville Circuit Court erred in dismissing plaintiff Matthew W. Cline’s suit against […]
Punitives reversed in worker safety case
An employee who says he was fired within an hour after his employer discovered that he reported the company for safety violations cannot collect punitive damages, the Supreme Court of Virginia said on Sept. 8. Punitive damages are not allowed as “appropriate relief” under Va. Code § 40.1-51.2:1, the whistleblower statute under which the employee […]
Justices question standing for challenge to rights restoration
A Republican legal challenge to Democratic Gov. Terry McAuliffe’s politically charged blanket rights restoration for convicted felons could be decided on how the case reached the doors of the state Supreme Court. The justices conducted oral arguments in the voting rights case Tuesday. It was one of two constitutional clashes heard at a special summer […]
Lawyer liability for botched will upheld
A Richmond lawyer and his firm are liable for a $603,409.90 bequest that should have gone to the Richmond Society for the Prevention of Cruelty to Animals, as a divided Supreme Court of Virginia has upheld a trial court’s decision in a legal malpractice case. Chesterfield County resident Alice Dumville asked Richmond lawyer James Thorsen […]
‘You’re fired’ will work in Virginia
An employer in Virginia can fire you on the spot. If that wasn’t clear previously, the Supreme Court of Virginia made it clear on June 2. No advance notice is necessary, as “reasonable notice” for an at-will employee does not include a “temporal component,” the court said. Brenda Johnston had worked 17 years for William […]
Hang-tag hang-up ends in high court
A parking pass hanging from a rear-view mirror left lawyers hanging for several months, as the Supreme Court of Virginia weighed whether the “dangling object” was enough to support a traffic stop. In a 5-2 split, the high court upheld a decision approving the stop for a suspected violation of Va. Code § 46.2-1054, which […]
Same-sex cohabitation can cut off support
An ex-spouse who enters a committed relationship with someone of the same sex can lose support payments under Virginia law, the Supreme Court of Virginia has decided. The ruling overturns a contrary decision by the Court of Appeals last year as it interpreted a state statute allowing support cutoff for cohabitation. The decision means a […]
Court: Med-mal plaintiff should have sued through guardians
An incapacitated medical malpractice plaintiff whose parents had been appointed as co-guardians lost her chance to sue her doctor because her suit was filed in her name and not that of the guardians. The April 14 ruling by the Supreme Court of Virginia turned on words used in the order appointing the guardians. The court […]
Lawyer sanction reversed for jury instruction error
Two trial lawyers who inadvertently submitted an erroneous jury instruction should not have been sanctioned $200 each, the Supreme Court of Virginia said on April 14. It reversed sanctions against the lawyers who defended a riding instructor in a wrongful death case tried in Fairfax Circuit Court. Attorneys Gerald F. Ragland Jr. and Andrew J. […]
Court to weigh job protection law for service members
The Supreme Court of Virginia will consider whether a federal law designed to protect civilian jobs for part-time military service members applies to state employees. The court has agreed to review the decision by a Chesterfield County judge who denied job protection benefits for a Virginia State Police sergeant. VSP Sgt. Jonathan R. Clark complained […]
No punitives against driver who was drinking
A driver who admitted he was drinking prior to rear-ending a van, hitting a tree and seriously injuring his passenger, is not liable for punitive damages, the Supreme Court of Virginia said on March 31. The high court found the appellant’s statement of facts too abbreviated to support her claim on appeal. In an appeal […]
Boat buyers win new trial on fraud
A couple who bought a yacht in Wisconsin and sailed it to Virginia can go back to court on their claims for fraud under the Virginia Consumer Protection Act, the Virginia Supreme Court said on March 24. Buyers Richard and Margaret Suslick alleged that sellers William and Samantha Schnittker violated the VCPA by not disclosing […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
