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Fairfax County Circuit Court

Jul 6, 2018

Va. Cir.: Implied agreement replaced family support obligations

Despite a support order entered in 2004, a husband didn’t owe arrearages dating to 2006. He’d stopped paying when the couple reconciled, resumed living together as husband and wife, and had two more children supported solely by the husband’s income. Background Husband and Wife were married in 2001 and had their first child in 2002. […]

Jul 3, 2018

Va. Cir.: “Unsigned” contract qualifies for 5-year limitations period

The material terms of the parties’ contract for services were committed to writing in daily sales tickets and an invoice for hours of services performed. Absent additional conditions agreed upon by the parties, an unsigned writing can be a written contract for purposes of determining the correct statute of limitations. Background Defendant Wilbur Hale secured […]

Jun 17, 2018

Va. Cir.: Country club wins second municipal tax challenge

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 assessments for the years 2012 to 2016 for a Property owned by Army Navy Country […]

Jun 12, 2018

Va. Cir.: Applying new SCOTUS precedent, rear driveway was within curtilage

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. Background A person later identified as Defendant Shomari Carroll was observed leaving a restaurant by […]

Jun 11, 2018

Doctor injury spinal nerve during biopsy – $1.85 Million Verdict

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, range of motion issues, and scapula winging. The jury returned a verdict of $1.85 million […]

Jun 5, 2018

Va. Cir.: Post-mortem evidence may be admissible in murder trial

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 In this capital murder prosecution, evidence indicates that, subsequent to death, the victim’s body was […]

Jun 5, 2018

Va. Cir.: Full defendant name may relate back to “Kathy”

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 brought this suit alleging injuries sustained when an outdoor umbrella fell on her head while […]

Jun 4, 2018

Man stepped on unsecured water meter cover – $205,000 Settlement

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 of notice and that the loose cover was the result of a third party accessing […]

Jun 3, 2018

Va. Cir.: Easement enforceable despite chain-of-title confusion

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 to the trust and satisfied the written notice requirement to subsequent purchasers. Background In 1974, […]

May 21, 2018

Lawyer claimed mild TBI in T-bone wreck – $450,950 Verdict

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. Due to the accident, plaintiff claimed he suffered a mild traumatic brain injury, which caused […]

May 20, 2018

Va. Cir.: Rescission timeline unaltered by incomplete disclosures

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 contracted with Defendant Gulick Group Inc. to buy real estate for a total price of […]

May 13, 2018

Va. Cir.: Nolle prosequi extinguishes GDC jurisdiction

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 discretion. Background Defendant Naeem Darab appeared for trial in general district court on a charge […]

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