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Delivery driver injured in crash, missed 33 weeks of work — $240,829.63 verdict
Type of action: Personal injury Injuries alleged: Lumbar strain, aggravation of pre-existing condition Name of case: Diggs v. Yocum Court: Loudoun County Circuit Court Case no.: CL00113431-00 Tried before: Jury Name of judge or mediator: Judge Douglas Fleming Jr. Date resolved: 4/12/2022 Special damages: $19,667.92 in past medical expenses; $47,967.36 in lost wages Verdict or […]
Suit over mold infestation can go forward
Where a homebuyer alleged the former owners concealed a serious mold infestation in the house, she can sue for actual fraud in the inducement, despite the presence of an “as is” clause in the sales contract. Here, said Judge Douglas L. Fleming Jr., the complaint “details the acts of concealment done in each of the […]
Developers enjoined from changing agreement
Where plaintiff seeks injunctive relief to prevent defendants’ breach of the parties’ agreement to develop their parcels according to a common plan, the court grants a preliminary injunction that bars defendants from altering the agreement. Background Plaintiff, Comstock Loudoun Station, entered an agreement (the Proffer Allocation and Cooperation Agreement or PACA) with Au Loudoun Station [&h[...]
Va. Cir.: Discoverable info includes entire care history
The estate of a nursing-home patient who fell and broke her hip, allegedly due to inadequate care, was entitled to broad discovery of the facility’s patient care records, personnel files, and financial information. Background This is a negligence case brought by the Executor of Miriam Hirsch’s Estate, in which Miriam suffered a hip fracture when […]
Jury View of Intersection Denied in Manslaughter Case
In defendant’s prosecution for involuntary manslaughter and related charges in the death of a child in a stroller and injury to his mother when defendant’s vehicle struck them at an intersection, the Loudoun County Circuit Court denies the commonwealth’s motion for the jury to view the scene of the accident. Jury views of crime scenes […]
Owners Have VCPA, Fraud Claims Against Contractor
Owners who hired defendant contractor to build a recreational facility with a batting cage, swimming pool, exercise area and bathroom may sue the contractor for fraud in the inducement and violation of the Virginia Consumer Protection Act, based on allegations that the contractor misrepresented that it had been an established business since 1981, the project […]
Nonresident Son Could Not Challenge Search
A defendant who did not live in the house belonging to his mother and her husband – who did not know he had gained access to and was hiding in their attic when police came to execute an arrest warrant for defendant – has no standing to challenge the officers’ entry and the Loudoun County […]
Stop Not Justified by Yellow- Line ‘Touching’
Although a police officer testified that defendant appeared to be driving over the posted speed limit when he first observed him at 3:00 a.m., the driver’s “isolated acts of slight drifting” to “touch” the yellow line twice over a one-mile distance were not sufficient to justify the traffic stop, and the Loudoun County Circuit Court […]
Nonresident Son Could Not Challenge Search
A defendant who did not live in the house belonging to his mother and her husband – who did not know he had gained access to and was hiding in their attic when police came to execute an arrest warrant for defendant – has no standing to challenge the officers’ entry and the Loudoun County […]
Stop Not Justified by Yellow- Line ‘Touching’
Although a police officer testified that defendant appeared to be driving over the posted speed limit when he first observed him at 3:00 a.m., the driver’s “isolated acts of slight drifting” to “touch” the yellow line twice over a one-mile distance were not sufficient to justify the traffic stop, and the Loudoun County Circuit Court […]
HOA May Challenge Outdoor Lighting
In a homeowners association’s challenge to the Board of Zoning Appeals’ decision that the outdoor lighting on an adjacent Sportsplex complex of playing fields does not violate the county zoning ordinance’s light and glare standards, a Loudoun County Circuit Court says landowners who had notice of the Zoning Determination and failed to timely appeal to […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
