Charlottesville Circuit Court

Feb 17, 2020

Attorney’s fees awarded in statue removal case

Where the court has previously ruled that the Charlottesville City Council took actions contrary to Code § 15.2-1812, which prohibits local authorities from disturbing or interfering with war memo­rials, plaintiffs are the prevailing parties and are entitled to attorney’s fees and the costs of litigation. However, plaintiffs will be awarded a lesser amount than requested […]

Jul 21, 2019

City council members immune in monument case

Charlottesville city council members are statutorily immune from plaintiffs’ claims arising from a series of votes relating to the removal, sale and covering up of statutes of two Civil War generals in city parks. The defendant council members’ actions did not involve unauthorized appropriations and were not grossly negligent. These are the only exceptions to […]

May 13, 2019

Lee and Jackson statues are monuments and memorials

Statues erected in the city of Charlottesville of Civil War General Robert E. Lee and Lt. General Thomas Jonathon Jackson are “monuments or memorials,” as mentioned in Code § 15.2-1812, says a 16th Judicial Circuit Court judge. Plaintiffs moved for partial summary judgment on the issue of whether the statues of the two generals “are […]

Oct 31, 2017

Heart procedures left woman with decreased function – $1.1 Million Settlement

At the time of the events in question in 2013, plaintiff was 52 and had been totally and permanently disabled for approximately a decade from multiple health conditions including a cardiac condition. After multiple cardiac catherizations and stenting, plaintiff presented to her treating cardiologist in December 2013 with recurrent complaints approximately two months after her […]

Sep 18, 2017

Man’s foot run over at construction site – $500,000 Settlement

Plaintiff was injured when his foot and ankle were run over by a heavy vehicle on a construction site. He suf­fered no broken bones and required no surgeries, but developed Complex Region­al Pain Syndrome in his foot and heel. As a result of the CRPS, he developed an altered gait that eventually began causing lower […]

Dec 5, 2016

Commission Fight Goes to Trial

A Charlottesville Circuit Court iden­tifies multiple outstanding issues of ma­terial fact in this dispute over whether, under an oral contract, plaintiff contin­ued to be entitled to commissions after a change in his job with defendant; the court denies defendant’s motion for summary judgment in the case. While it is true there is no dispute about […]

Sep 12, 2016

UVa Fraternity Defamation Claims Advance

A Charlottesville Circuit Court refuses to dismiss a defamation suit filed by Phi Kappa Psi fraternity based on statements made in defendant Rolling Stone maga­zine about a purported gang rape at the fraternity’s house on the UVa campus; the court finds the article, as pleaded, can be reasonably viewed as “of and concerning” plaintiff, as […]

Aug 15, 2016

Man with prior neck injury hurt during ‘minimal’ rearender – $450,000 Verdict

Plaintiff Hicks had cervical (C6-7) fusion surgery in 1975 after a horrific auto acci­dent where he broke his neck. However, he has had few (if any) problems with his neck in the 40 years since. In De­cember 2012, a Mack Truck rear-ended his 2000 Toyota Camry after both had been stopped at a stop light. […]

May 4, 2016

Executor Must Repay Legal Fees to Estate

A Charlottesville Circuit Court orders decedent’s long-time attorney who is also his executor to reimburse the estate by $10,320 to cover old legal fees the at­torney billed to decedent and separate attorney’s fees paid for legal advice the executor sought regarding an unsecured loan made from the estate and the old le­gal bills. The issues […]

Apr 15, 2016

Lawyer must pay estate for his own legal fees

A lawyer who hired another lawyer when questions were raised about his handling of a decedent’s estate will have to cover some of the legal fees from his own pocket. A Charlottesville circuit judge this month disallowed payment from the estate of portions of the executor’s legal bills. Judge Richard E. Moore explained his reasoning […]

Jan 20, 2016

Discipline Warning Upheld for Healthcare Worker

A respiratory therapist who received a Step 3 warning for failure to update spreadsheets related to smoking cessation cannot overturn a hearing officer decision upholding the disciplinary notice, a Charlottesville Circuit Court holds. The question in this case is whether this court should reverse the hearing officer’s decision in appellant’s grievance against the University of […]

Jan 12, 2016

Fired Systems Engineer’s Grievance Fails

A systems engineer terminated by UVa Medical Center for multiple instances of failing to meet performance expectations and for insubordination cannot overturn his termination by challenging a hearing officer’s factual findings during his grievance procedure, which the Charlottesville Circuit Court is not authorized to review. The hospital alleged the employee failed to complete a server [&hellip[...]

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