Please ensure Javascript is enabled for purposes of website accessibility

Judge David Bernhard

Sep 6, 2023

Court lack power to modify unserved sentence

The court lacks power under Virginia Code § 19.2-303 “to modify an unserved jail sentence imposed in revocation of a suspended sentence.” Order void ab initio “The Court has before it the question whether a jail sentence imposed in revocation of a suspended penitentiary sentence was modifiable under Virginia Code § 19.2-303 at any time […]

Jul 27, 2023

Negligence claims go forward against assisted living facility

Where plaintiff was injured while residing at defendant assisted living facility, defendant’s demurrer to her claims for negligence and violation of the Virginia Consumer Protection Act are overruled. Background Plaintiff alleges she “was injured while she was a resident at Garden Ridge Assisted Living … which is operated by Defendant Greenspring Village, Inc.” She also […]

Mar 28, 2023

Defendant could withdraw jury sentencing request

Where defendant requested sentencing by a jury when the guilt phase of his trial ended, the court concludes he could withdraw that request before the sentencing phase began, A withdrawal would not create an “undue delay or an impediment to justice.” Background Defendant Burkard was indicted “on two counts of first-degree murder and two counts […]

Jan 12, 2023

Sole proprietor not required to have workers’ comp insurance

A working owner of an unincorporated business is not an employee within the meaning of the Virginia Workers’ Compensation Act. Further, the business’ customers do not employ the business’ workers. As a result, the business owner was not required to obtain workers’ compensation insurance because the business did not have at least three employees. Consequently, […]

Dec 19, 2022

Sole proprietor not ‘employee’ under workers’ comp law

A Virginia court has rejected an insurance company’s argument that the owner of an unincorporated cleaning business should be counted as an employee along with her two hired workers, thereby subjecting the business to the Virginia Workers Compensation Act, or VWCA. When an employee sued the owner after a car accident they were involved in […]

Aug 8, 2022

‘Romantic partner’ clause void as against public policy

A clause in a property settlement agreement requiring “great care” before either party introduces a romantic partner to the child is vague and cannot be enforced. Further, where the court has ruled that the parties will pay their child’s unreimbursed medical expenses in proportion to their income, the prior ruling will not be modified. Overview […]

Jul 25, 2022

Eave overhang immaterial to adverse possession claim

Where the court previously ruled that the boundary line between the parties’ property is defendants’ fence, which is on land defendants obtained by adverse possession, the fact that a roof eave on plaintiffs’ shed overhangs the fence does not defeat the adverse possession claim. Further proceedings to determine a new boundary line are not necessary. […]

Married couple with child
Jul 25, 2022

Romantic restrictions provisions void

A Virginia circuit court has ruled that provisions in a property settlement agreement, or PSA, which regulated introduction of the parties’ romantic partners to their child were unconstitutionally vague, void as against public policy and unenforceable. Judge David Bernhard of the Fairfax County Circuit Court said “[f]or the Court to incorporate in its order that […]

May 9, 2022

Sudden medical emergency defense presented in car, bus accident — Defense verdict

Type of action: Auto accident involving car and bus Injuries alleged: Soft tissue injuries to neck, back and hip; claimed partial rotator cuff tear requiring surgery Name of case: Argichew v. Wilee Court: Fairfax County Circuit Court Case no.: CL-2019-6925 Tried before: Jury Name of judge or mediator: Judge David Bernhard Date resolved: 1/6/2022 Special […]

Apr 4, 2022

Spreading bamboo is nuisance and trespass

Where defendants’ bamboo has spread into plaintiffs’ yard, damaging plaintiffs’ shed, the bamboo is both a nuisance and trespassory and must be abated. Issues before the court “The Court has before it the claims of Plaintiffs David Willems and Petra Willems charging trespass regarding Defendants’ bamboo and fence adjoining the boundary line separating the parties’ […]

Feb 28, 2022

Plaintiff without counsel cannot represent estate

Although plaintiff is the proper party as the personal representative of her mother’s estate, she cannot maintain an action to compel defendant to convey a deed to the estate unless she has counsel. Overview Plaintiff Wood sued George Marshall, alleging he breached a contract to convey a deed to her mother. Marshall was found to […]

Jan 18, 2022

Infringement claim not barred by laches

Where plaintiff sued defendants under Virginia law for trademark infringement, federal law informs the court’s evaluation of whether laches is a valid defense to plaintiff’s suit. Defendants have not proven their laches defense in their plea in bar. Plaintiff lacked knowledge of defendants’ infringing use of the registered trademark until about a year before the […]

Verdicts & Settlements

See All Verdicts & Settlements

Opinion Digests

See All Digests