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Zoning: Challenge to zoning approval fails
Where the plaintiff challenged the City Council for the City of Salem’s second approval of a zoning application, the court sustained the demurrers.
Contract: Lawsuit is barred by prior release
Where a woman injured in an automobile accident released her claims against the driver of the vehicle, that release barred this lawsuit against the driver. Background On Aug. 7, 2022, […]
Well infrastructure taxed separately from gas reserves
Defendant county properly chose to value plaintiffs’ gas well infrastructure without including the gas reserves associated with the infrastructure. Further it is not “manifest error” for the county to have […]
‘No valid rationale’ to amend: Wrongful death claims against paramedic agency dismissed
Nine years after an unresponsive patient died in the care of a nonprofit paramedic agency, a trial court found no good cause to allow the decedent’s estate to amend its complaint by adding new, but not newly discovered, facts and claims.
Motion to amend complaint denied
Where plaintiff seeks to amend a complaint she filed in February 2016, leave is denied because “all additional facts and all additional claims Plaintiff seeks to assert were known at […]
Mother awarded legal and physical custody
Where the court has determined that father’s contact with the parties’ child “is not appropriate,” mother is awarded sole legal and physical custody, and father is denied “any form of […]
Plaintiff not entitled to portion of termination fee
Where plaintiff claims entitlement to a portion of a $3.7 million termination fee that defendant lessor received from the lessee for the lessee’s early termination of a lease, defendant is […]
Attorney’s representation did not breach contract
Where plaintiff sued defendant attorney for breach of contract and malpractice allegedly arising from defendant’s representation in a drunken driving case, defendant’s demurrers to both claims are granted. Contract claim […]
Plaintiff sustained broken femur in accident in Roanoke — $400,000 verdict
Type of action: Personal injury Injuries alleged: Broken femur Court: Roanoke City Circuit Court Case no.: CL20-2087 Tried before: Jury Name of judge or mediator: Judge David B. Carson Date […]
Some claims viable in moldy house case
Where plaintiff alleges defendants concealed a mold infestation in the house plaintiff bought from them, an “as is” clause in the sales contract does not insulate defendants from a claim […]
No legal malpractice claim for oral motion
Where plaintiff pleaded guilty to DUI-maiming and later moved to withdraw his plea, defense counsel’s oral motion, which the trial court denied, is not grounds for a legal malpractice claim. […]
SOL continued to run despite tolling provision
Where a judicial emergency order tolled the statute of limitations for a specified period, the tolling provision applies to cases in which the statute of limitations expired within the tolling […]
Verdicts & Settlements
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
- Negligence and Tort -Hit by hockey puck, camper sustains TBI
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
Opinion Digests
- Real Property – Inverse condemnation claim over cemetery is dismissed
- Criminal – Fourth Circuit splits from First Circuit over Virginia robbery statute
- Civil Procedure – No jurisdiction over collection action
- Bankruptcy – Debtor’s plan rejected for myriad issues
- Criminal – Murder defendant’s sentence is vacated
- Criminal – Company executives convicted for not remitting trust-fund taxes
- Criminal – Victim’s testimony supports assault conviction
- Jury and jurors – Excuse of juror wasn’t abuse of discretion
- Employment – Urgent care clinic prevails on former employee’s discrimination claims
- Criminal – Drug distribution convictions trigger career offender enhancement
- Administrative – Court lacked jurisdiction over disputed Medicaid funds
- Criminal – Murderer denied new trial
