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No ‘Equitable Indemnification’ in Towing Case
In a follow-up to this court’s decision that plaintiff wrecker service must indemnify the city for a $200,000 loss for fire damage to a city bus the wrecker service was towing, a Charlottesville Circuit Court says the wrecker service does not have a claim for equitable indemnification against the two defendants who prepared the bus […]
‘Corrosion’ exclusion does not bar coverage
A Charlottesville Circuit Court says an ice rink has insurance coverage for damages from the failure of the heat exchanger in the ice rink’s water heating system, despite the carrier’s denial of coverage on the ground that the heat exchanger failed due to corrosion, an excluded cause of loss under the policy. The pertinent portion […]
Retired Husband Wins Spousal Support
A couple married for 23 years, with two emancipated children, is granted a no-fault divorce, and the 53-year-old wife, who earns monthly gross income of $11,833, is ordered by the Charlottesville Circuit Court to pay the 69-year-old husband, who is retired, $1,800 in monthly spousal support. The parties’ Nelson County real estate is mountainous, difficult […]
Single Photo ID Not too Suggestive
A Charlottesville Circuit Court denies defendant’s motion to suppress an out-of-court identification of him by the alleged victim as the intruder into the victim’s home, following discovery of a photo identification card bearing defendant’s picture outside near the driveway to the victim’s home. Defendant alleges the single photograph procedure used by the officer was unduly […]
Court Allows Respondeat Superior Amendment
Plaintiff may amend her negligence suit to plead respondeat superior, as the Charlottesville Circuit Court reconsiders its earlier decision and says respondeat superior is not a new cause of action for statute of limitations purposes, but a legal theory of liability. In this case, if respondeat superior is a separate action from the underlying negligence […]
Defendant’s Drive-Time Talk Comes In
An embezzlement defendant who was being transported by a police officer from a Golden Corral restaurant in Baltimore to jail cannot suppress inculpatory responses he gave to an officer’s questions about where defendant lived and why he was working in Baltimore, as the Charlottesville Circuit Court holds the drive-time conversation was not a custodial interrogation. […]
Traffic Ordinance Challenge Fails
Six traffic defendants all charged with driving 50-55 mph in a 35 mph zone on the Route 250 Bypass in Charlottesville cannot avoid conviction by mounting a challenge to how the city of Charlottesville adopted the local ordinance that lowered the speed limit in what would ordinarily be a 55-mph zone, and the Charlottesville Circuit […]
Looking back on 2011: The year in legal news
The reversal of a 20-year-old noncompete case lead the case news from Virginia Lawyers in 2011. Much of the first half of year featured news from the General Assembly. Officials at the Virginia State Bar sparred with legislators over $5 million that Gov. Bob McDonnell wanted to take. And the Hernandez case – which allowed […]
Social media: Ignore at your own risk
Maybe you’re blasé about blogs, turned off by tweets, skeptical of the whole social media scene. That hands-off policy may hurt you and your client. Lawyers no longer have the luxury of ignoring social media, even if they choose not to use it personally or professionally. Clients are using these online tools and more. Facebook […]
Court orders record sanction against Charlottesville lawyer
In what appears to be the final trial court chapter of a tangled Charlottesville legal saga, a judge has imposed $542,000 in sanctions against attorney Matthew B. Murray for hiding evidence and trying to deflect blame for lapses in his disclosures to the court. The monetary penalty is a record for sanctions against a lawyer […]
Judge OKs medical records in lacrosse slaying case
CHARLOTTESVILLE (AP) Attorneys for a University of Virginia lacrosse player charged with killing a female lacrosse star will be allowed to examine her medical records, a judge ruled Monday. Charlottesville Circuit Judge Edward Hogshire ruled after an hour-long, private session with both sides that attorneys for George Huguely, 24, of Chevy Chase, Md., could review […]
Juror in Charlottesville death case bites back
A letter from a juror who took part in a record-breaking verdict offers a rare look inside the jury deliberation process and a harsh critique for many involved in the trial, including the judge. Both the plaintiff’s and defendants’ lawyers get knocked for their courtroom style, and the judge is taken to task for his […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
