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Tag Archives: Judge David B. Carson

Driver backed into woman, hurting her ankle – $248,630 Verdict (access required)

The case arose from injuries sustained in a low-speed collision in a restaurant parking lot on April 16, 2013. The plaintiff, who had an unrelated right knee injury scheduled for surgery several weeks later, was exiting the passenger side of ...

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Default for missed pleading deadline upheld (access required)

Code § 8.01-428(D) does not grant a court unlimited power to set aside a default judgment, and, as a result, where petitioner missed a pleading deadline in the underlying action, the default judgment granted in respondent’s favor is upheld. Parties’ positions ...

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Cause of girl’s knee injury at issue in rear-ender – $100,000 Verdict (access required)

The plaintiff was a 16-year-old high school student who suffered a suspected right patellar dislocation playing softball on April 14, 2014. There was evidence that the plaintiff was back to exercising and playing basketball during the summer of 2014. On ...

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Va. Cir.: Ex parte hearing granted, but before different judge (access required)

An indigent defendant facing two life sentences for rape and related offenses can argue ex parte why he requires expert assistance, but he must make his case to a circuit judge other than the one presiding over the case. Background ...

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Va. Cir.: Liability cap applied to attorneys’ fees (access required)

In a contract for services performed that limited the service provider’s liability to the value of the service, any attorneys’ fees awarded also could not exceed the liability cap. Background In September 2012, Plaintiff LAM Enterprises LLC contracted with Defendant ...

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Va. Cir.: Title challenge must be separate claim, not defense (access required)

In an action for unlawful detainer, defendants occupying their deceased mother’s home could not effectively challenge title by affirmative defense only; any title disputes needed to resolved by separate lawsuit or counterclaim. Background Sometime prior to November 28, 2016, at ...

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Va. Cir.: Jury verdict enforcing expired contract was unjust (access required)

A jury’s advisory verdict awarding specific performance of the parties’ contract was a plain deviation from right and justice, given that the contract’s term had expired. Background The parties in this case – Plaintiff Rockbridge Area Conservation Council and Defendant ...

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