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Alexandria Circuit Court

Sep 12, 2011

Owners’ Association Scores Attorney’s Fees

An Alexandria Circuit Court awards defendant condominium unit owners’ association $65,375 in attorney’s fees and $597 in costs under Va. Code Sec. 55-79.53(A), in a suit filed by an owner who sought compensation for property damage from a shower leak in her condo. On April 8, 2011, the circuit court granted summary judgment to the […]

Aug 8, 2011

Heirs challenge capacity of woman to leave estate to charity – Defense Verdict

Decedent was a 56-year-old female suffering from lung cancer that had metastasized to her brain. The will she executed on June 15, 2010 left her estate to three charities. She died on June 18, 2010. Her heirs-at-law were her two first cousins, who filed suit against the executor, Kenneth Labowitz, and the charities alleging decedent […]

May 9, 2011

Motorcycle hits garbage truck off Duke Street in Alexandria – Defense verdict

Plaintiff was riding a high-performance motorcycle, making a right turn from Duke Street onto Daingerfield Road in Alexandria when she struck defendant’s garbage truck, which was making a left turn into narrow driveway. The truck driver and a helper testified road was clear when they began the turn. Plaintiff testified she did not see the […]

Apr 25, 2011

Condo Association Not Liable for Shower Leak

A condo owner cannot recover from the unit owners’ association for damages from a shower leak in her unit, as the bylaws specifically limit the association’s liability for this kind of water damage; an Alexandria Circuit Court grants summary judgment to the association. For purposes of interpreting the contract between the parties arising out of […]

Apr 11, 2011

Man dies after delay in detecting bleeding – Defense Verdict

On Feb. 24, 2009, decedent underwent rotator cuff repair surgery. In the early hours of Feb. 25, decedent complained of severe abdominal pain and he was noted to be hypotensive. Decedent’s nurse notified the hospitalist who ordered Protonix and Maalox. After several hours, decedent’s severe abdominal pain persisted, and the nurse was unable to obtain […]

Mar 18, 2011

Man’s second wife, daughters battled over homes

Competing obituaries gave a hint of the family conflict that would emerge full blown after the 2009 death of Rear Admiral Peter DeMayo, U.S. Navy (Ret.), of Alexandria. In one notice in The Washington Post, both of DeMayo’s wives are identified, as well as two daughters from his first marriage, which ended in divorce. DeMayo […]

Mar 14, 2011

Policy limits, availability of costs at issue in Alexandria crash – $182,000 Verdict

The plaintiff was not feeling well at work and called a cab to take her to the commuter lot in Spotsylvania County. The cab stopped for no apparent reason Interstate 95 just past Edsall Road and was rear-ended by a van in broad daylight despite relatively light traffic. The impact bruised plaintiff, knocked out a […]

Mar 11, 2011

Judgment interest over limits given, paid

A trial judge has ordered – and an insurance company has paid – interest on a tort judgment in excess of the insurer’s policy limits, a Loudoun County lawyer reports. Douglas K.W. Landau of Herndon said his client’s recovery in an Alexandria auto accident case demonstrates that lawyers can collect pre- and post-judgment interest, unusual […]

Jan 14, 2011

Court clears the way for deferred judgment

The Supreme Court of Virginia appeared to clear the way Thursday for judges to defer judgment in criminal cases and enter a finding of not guilty even when they find the law and facts sufficient for a finding of guilt. The ruling in Commonwealth v. Hernandez (VLW 011-6-002) stops short of fully endorsing the practice, […]

Jun 14, 2010

Alexandria to pay $36M to settle condemnation

The Alexandria Sanitation Authority will pay $36 million to resolve a three-year condemnation battle over a 10-acre site marked for expansion of a sewage plant. The owners of the tract hoped to sell it for $42 million in 2006 to a developer who planned a high-rise retail and office project. The plan was scotched, the […]

May 10, 2010

Dismissed party can’t be pulled back in appeal

A defendant dismissed from a general district court action can’t be pulled back into circuit court when a losing codefendant appeals, a Virginia Beach circuit judge has ruled. The new case creates a split in circuit court authority on the issue. In 2007, Alexandria Circuit Judge Lisa B. Kemler held the circuit court had jurisdiction […]

May 10, 2010

Repair vehicle, luggage tug collide at Reagan airport – $145,000 Settlement

This unique motor vehicle crash occurred within the baggage sorting area of Reagan National Airport on the Wednesday before Thanksgiving. Plaintiff was operating a yellow airport repair Cushman in the luggage distribution area, and the defendant was driving an airlines luggage tug headed outside to the air operations area to deliver the final baggage paperwork […]

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