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Tag Archives: Fairfax County Circuit Court

60-year-old pedestrian struck by SUV while crossing street in Fairfax — $310,825 settlement (access required)

On Dec. 2, 2019, the decedent, Abraham Feldman, a 60-year-old male, was crossing a street near the intersection of Old Courthouse Road and Gallows Road in Fairfax County. Feldman was crossing the street within the crosswalk when he was struck ...

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Negligence claim against decedent’s wife dismissed (access required)

Where plaintiff sued decedent’s estate, alleging the decedent sexually abused him, a negligence claim against decedent’s wife based on theories of employer-employee, business proprietor-invitee and custodial supervision, the wife’s demurrer is sustained with prejudice. Allegations Plaintiff sued Virginia Music Adventures, ...

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Maryland workers’ comp award no bar to personal injury suit (access required)

Plaintiff may sue for personal injuries arising from an automobile accident in Virginia even though he was awarded workers’ compensation benefits in Maryland. Background Plaintiff and defendant Edwards are both Maryland residents and work for the same Maryland employer. Edwards ...

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Privity of contract not required for mechanic’s lien (access required)

A general contractor properly recorded a mechanic’s lien against a corporate entity after not being paid in full for designing and building work. The entity’s owners, who contracted with the contractor, cannot seek to have the lien released on the ...

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Arborist not liable for injuries caused by tree (access required)

Where a family was injured when a tree fell into their yard from a conservation easement maintained by a homeowners’ association, an arborist the association hired almost a year earlier to inspect and identify potentially harmful trees owed no duty ...

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Court will give jury instruction to cure ‘Brady’ violation (access required)

Where defendant moved to quash a murder indictment because of the commonwealth’s untimely disclosure of exculpatory evidence, the court will deny the motion but will give the jury an adverse inference instruction regarding the evidence. Overview Defendant Gonzalez was indicted ...

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Bond for DWI suspect was unconstitutional (access required)

The general district court’s imposition of a $2,500 cash or surety bond as a condition of defendant’s release after being arrested for driving while intoxicated was an unconstitutional application of Virginia’s statutory bail bond scheme. As a matter of discretion, ...

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