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Judge Craig D. Johnston

Mar 23, 2020

Woman sued store for leg injury caused by employee – $2.2 million verdict

Plaintiff, a 35-year-old female, suffered a catastrophic injury to her leg on Aug. 3, 2015, at defendant’s store when two slabs of granite fell on plaintiff ’s leg due to the store employee’s negli­gence. Plaintiff suffered compound fractures of the left tibia and fibula, and underwent emergency orthopedic surgery at Sentara Potomac Hospital, requiring the […]

May 9, 2014

Religious Belief No Basis for Incompetency

A Prince William County Circuit Court holds that defendant has not met his burden of proving by a preponderance of the evidence that he is not competent to stand trial on criminal charges; the court concludes defendant is competent, despite his religious belief that he is not subject to the laws of the commonwealth or […]

May 10, 2013

Parents who lost son denied visits with grandchild

A mother could cut off contact between her two-year-old son and his paternal grandparents, whose own son had joint custody of the child, but who died in an auto accident when the grandson was barely two years old. In a case it called “very sad and unfortunate,” the Court of Appeals upheld denial of the […]

Oct 4, 2012

Interview With Carrier Is Protected Work Product

A plaintiff’s assertion that defendant driver pleaded guilty to a traffic infraction but now contests liability in this auto-accident personal injury suit has not shown a substantial need to obtain a copy of the transcript or tape of defendant’s interview with the insurance carrier, and the Prince William County Circuit Court denies a motion to […]

Apr 2, 2012

Court Reconsiders ‘Vested Rights’ Case

In this suit in which the court earlier made rulings involving vested rights [VLW 011-8-195], the Prince William County Circuit Court now grants motions for reconsideration, in part. I have concluded the motions for reconsideration should be granted. The Supreme Court of Virginia’s Dec. 1, 2011, order stayed further hearing before the BZA and the […]

Jan 30, 2012

No Maryland Damage Cap in Virginia Case

In this auto-accident case, a Prince William County Circuit Court declines to apply the Maryland cap on non-economic damages because the court finds the cap does not affect substantive rights in a wrongful death, but merely affects the remedy; but the court recognizes there is a split of authority on this point in Virginia circuit […]

Oct 21, 2011

Court Stays Decision on Vested Rights

Although the Prince William County Circuit Court has independent authority to decide a vested rights controversy raised by two letters issued by the zoning administrator, the court chooses not to exercise this authority at this time and will stay further proceedings pending decisions on appeals to the board of zoning appeals and the board of […]

Aug 29, 2011

Sewer line damaged by optic cable subcontractor – $19,467 Verdict

In January 2007, Lyons Den Underground Inc. was installing fiber optic cables in the plaintiff’s residential neighborhood as a subcontractor to Verizon. After the property of the plaintiff was marked by Miss Utility, employees of the defendant drilled horizontally across plaintiff’s property using a device called a “Mole.” Lyons Den drilled in an area subject […]

Aug 30, 2010

Amputation of patient’s legs blamed on tardy surgeon – Defense Verdict

On March 1, 2007, plaintiff underwent a radical neck dissection and laryngectomy for treatment of stage 4 laryngeal cancer. The surgery took approximately 10 hours. The next day, at approximately 8:30 a.m., the defendant hospital’s intensive care unit nurse noted that the plaintiff had purple mottled feet bilaterally which she recognized to be a sign […]

May 4, 2010

Real Estate – Loan Fraud – Innocent Victim

A Prince William County Circuit Court grants a woman possession of her home, free of the $1.1 million in liens her husband placed on the home, as she is the innocent victim of her husband, who is in default and failed to appear. I find by clear and convincing evidence that husband or someone at […]

Apr 20, 2010

Woman upends $1.1M in liens her ex put on house through fraud

A Northern Virginia judge has given a woman ownership of her house, free of any of the $1.1 million in liens fraudulently racked up by her ex-husband before he disappeared. In the case, there was no question who the bad guy was. But Daniel S. Wilkes was not around to hear testimony about how he […]

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