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Tag Archives: Fairfax County Circuit Court

Va. Cir.: Country club wins second municipal tax challenge (access required)

For tax purposes, the City of Fairfax must assess Army Navy Country Club’s land as residential property and omit “improvements” (e.g. clubhouse, pool, tennis courts) that would be demolished in the event of residential development. Background This case challenges tax ...

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Va. Cir.: Applying new SCOTUS precedent, rear driveway was within curtilage (access required)

Applying the U.S. Supreme Court’s recent decision in Collins v. Virginia, a warrantless arrest in an area of the suspect’s driveway beyond the walkway to the front door was within the home’s curtilage and, thus, improper under the Fourth Amendment. ...

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Doctor injury spinal nerve during biopsy – $1.85 Million Verdict (access required)

The case involved a 33-year-old woman who underwent a lymph node biopsy in August 2011. During the procedure, the defendant ENT doctor transected the plaintiff’s spinal accessory nerve, causing permanent atrophy and paralysis of the trapezius muscle with significant pain, ...

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Va. Cir.: Post-mortem evidence may be admissible in murder trial (access required)

A capital murder defendant moved to exclude evidence of physical damage to the victim occurring after he disposed of her body in a lake. The court declined, in part because such evidence was probative of the manner of disposal. Background ...

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Va. Cir.: Full defendant name may relate back to “Kathy” (access required)

An amended complaint can relate back to the filing date of a name fragment if the plaintiff knew the defendant’s identity but not her name, and if all the statutory requirements of Code § 8.01-6 are met. Background Plaintiff Pam Frazier ...

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Man stepped on unsecured water meter cover – $205,000 Settlement (access required)

Plaintiff stepped on an unsecured water meter cover. Her foot fell through resulting in surgery to re-attach the 2nd, 3rd, 4th, and 5th metatarsal bones that had separated from the tarsal bones. Fairfax Water initially denied the claim, stating lack ...

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Va. Cir.: Easement enforceable despite chain-of-title confusion (access required)

Even though the owner of a servient estate had granted it to himself as trustee of a living trust, his subsequent easement – granted and recorded in his individual capacity – operated as a partial revocation of the prior transfer ...

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Lawyer claimed mild TBI in T-bone wreck – $450,950 Verdict (access required)

This case arose from a T-bone car accident on June 10, 2015. Plaintiff was proceeding through an intersection with a green arrow, when the defendant ran his red light and struck plaintiff on his driver’s side. Defendant claimed contributory negligence. ...

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Va. Cir.: Rescission timeline unaltered by incomplete disclosures (access required)

Prospective buyers had only three days to rescind a purchase agreement after receiving the statutorily-required property owners’ association disclosures. The rescission period is not extended due to incomplete information in the disclosures as submitted. Background Plaintiffs Liam and Brandee Daly ...

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Va. Cir.: Nolle prosequi extinguishes GDC jurisdiction (access required)

A general district court’s grant of nolle prosequi was a final order that immediately divested it of jurisdiction. Thus, its subsequent actions of prompting the prosecutor to reconsider nolle prosequi, and then reversing its prior grant, were an abuse of ...

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