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Tag Archives: Fairfax County Circuit Court

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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Plaintiff claimed failure to deal with nerve injury in hand – Defense Verdict (access required)

On May 9, 2013, plaintiff, a 46-year-old female, sustained two lacerations to her right wrist when she put her hand through a glass door. After transport to the emergency department, the defendant hand surgeon was called to evaluate the patient. ...

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Va. Cir.: Amended anti-SLAPP fee provision not retroactive (access required)

A Yelp reviewer who successfully defended against defamation claims couldn’t claim attorneys’ fees under Va. Code § 8.01-223.2 because 2017 amendments weren’t retroactive, a Virginia circuit court held. Background Defendant Jeremiah Jones retained Plaintiff Will Nesbitt Realty LLC to assist him in renting a ...

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Woman’s use of eyelids damaged in surgery – $800,000 Verdict (access required)

Patient, a 70-year-old Taiwanese woman, sought cosmetic surgery to remove the “puffiness” in her eyelids. She went to defendant (plastic surgeon) who recommended a blepharoplasty (a procedure to remove fat from her eyelids). During the blepharoplasty, defendant severed the tendon ...

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Va. Cir.: Distinct contract claim was eligible for nonsuit (access required)

Despite past litigation on the parties’ agreements that ended in a nonsuit, the present litigation – though based on the same contracts – is eligible for separate nonsuit because the present claims arise out of a separate transaction or occurrence ...

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Man died during heart surgery – Defense Verdict (access required)

William Johnson, age 51, had longstanding cardiac arrhythmia resulting in cardiomyopathy and a severely reduced ejection fraction (29 percent). In February 2015, he underwent an endocardial ablation procedure in an attempt to cure the arrhythmias. The procedure failed. On March ...

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