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Charlottesville Circuit Court

May 5, 2015

‘Other Crime’ Evidence Admitted in Abduction Trial

At defendant’s trial for abduction with intent to defile, the Charlottesville Circuit Court will admit evidence of abduction/sexual assault charges at issue in Albemarle County; the defendant allegedly in the other case similarly lured the victim with a ruse, through Craigslist, used a false persona of an attorney whose four-letter name started with “M,” stated […]

Sep 29, 2014

Woman died from severe blood loss after childbirth – Defense Verdict

The decedent was a 33-year-old pregnant woman who presented to a hospital on Nov. 4, 2007, at 41 and 6/7 weeks with ruptured membranes and mild contractions. The defendant obstetrician ordered the administration of pitocin to stimulate labor. Later that evening, the decision was made to deliver the baby via C-section and a healthy baby […]

Aug 7, 2014

Plaintiff remained unaware of blood test results, had heart attack – Defense Verdict

On Nov. 5, 2008, plaintiff presented to the defendant hospital’s emergency department complaining of chest pain. Blood tests were ordered, which revealed that plaintiff had an elevated troponin, indicating a probable myocardial infarction. The ED staff could not locate plaintiff after the test results were returned. Plaintiff testified at trial that the ED staff told […]

Jun 30, 2014

Truck wheel explosion left plaintiff with 36 percent impairment – $1,000,000 Verdict

Plaintiff was severely injured when a large truck wheel exploded after it had been recently serviced by the defendant tire service station.  In May 2011, plaintiff and his father brought their 1964 Ford 650 dump truck to defendant Ray Carr Tires of Charlottesville to have its tires replaced. The next day, plaintiff removed the tires […]

Apr 14, 2014

Patron’s Premises Liability Claim Fails

A plaintiff who alleges he was attacked and injured as he left a Buffalo Wild Wings restaurant with friends has alleged no facts showing a special relationship between the restaurant operator or property owner, nor has he alleged facts showing defendants knew criminal assaults were occurring or about to occur on the premises, and the […]

Feb 13, 2014

Cop outside home county doesn’t get protections

A Charlottesville Circuit judge has refused to apply enhanced penalties to a defendant who allegedly punched an officer, because the Albemarle County officer was acting outside his jurisdiction. Defendant Josue Salinas Valdez allegedly attacked two police officers who appeared at his Charlottesville home to investigate a hit-and-run incident, and was shot by police. But in […]

Feb 11, 2014

Gun Seizure Upheld for Community Caretaker

Police who responded to a report that defendant was asleep behind the wheel of his Suburban parked at a gas pump with loud music blaring, and who observed two firearms in close proximity to defendant, who could not be roused with shouts through the open window, were justified in seizing the firearms prior to touching […]

Feb 11, 2014

No Immunity for Critical-Care Nurse

A critical-care nurse at U.Va. Medical Center who allegedly left a cardiac patient sedated after surgery unattended on a bed pan, so that he fell and suffered a brain injury, does not have sovereign immunity from a med-mal suit, as she was providing individual patient care at the time of the alleged injury, according to […]

Feb 11, 2014

No ‘Tenant’ Relief Against Owners’ Association

A Charlottesville Circuit Court dismisses requests by plaintiff against defendant unit owners’ association, as he does not qualify for relief under any of the Code sections cited. Plaintiff’s first document is the Tenant’s Assertion and Complaint form designed for use by a tenant having a complaint with a landlord regarding hazardous conditions of leased premises, […]

Feb 11, 2014

Murder Defendant’s Statements Suppressed

A murder defendant exercised her right to stop talking to police when she twice stated she had nothing else to say and statements made after that point will be suppressed, the Charlottesville Circuit Court says; but statements post-violation of Miranda were voluntary and the non-testimonial evidence is not barred. Defense counsel argues that the Rights […]

Feb 11, 2014

No Sovereign Immunity for UVa Nurses

Two defendant nurses accused of causing permanent nerve damage to plaintiff from negligent insertion of an IV into her hand do not qualify for sovereign immunity from suit, says a Charlottesville Circuit Court. At the time of the alleged injury, defendant nurses were employed by the Commonwealth of Virginia and both were working as registered […]

Feb 11, 2014

Husband to Pay Wife’s $50K Attorney’s Fees

A couple who is divorcing after a “tumultuous” 21-year marriage will split their marital property 60-40 in favor of wife, and wife receives no current spousal support, but a 10-year reservation of a right to support; the Charlottesville Circuit Court says husband will be charged with $127,987 in waste for depleting marital retirement accounts and […]

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