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Waiver doesn’t discharge tort liability
An insurer’s waiver of its right to subrogation doesn’t discharge the tortfeasor’s underlying liability or satisfy the judgment, the Court of Appeals of Virginia has held.
Evidence from cell phone improperly suppressed
Where the trial court ruled that police improperly seized an unclaimed cell phone from a vehicle as evidence of a crime, this was error. A cell phone, standing alone, “is typically a common, unsuspicious item[.]” But when coupled with the fact that marijuana and guns were in the vehicle, along with two other cell phones […]
Waiver of subrogation right doesn’t discharge tort liability
Where an insurer waived its right to subrogation, this did not prevent the insured plaintiff from “recovering on a judgment against the tortfeasor.” Background Brown received a $286,000 judgment against Kirkpatrick for damages “for damages arising out of a motor vehicle accident.” Before trial, USAA, Brown’s insurer, told Kirkpatrick that it would waive subrogation against [&hell[...]
Court rejects commonwealth’s ‘misunderstanding’ of VTCA
The Court of Appeals of Virginia has affirmed a trial court’s denial of the commonwealth’s plea for sovereign immunity from liability under the Virginia Tort Claims Act, or VTCA, for the negligent conduct of its employees. The commonwealth claimed that the VTCA didn’t waive immunity where the allegedly tortious conduct arises from the performance of […]
Prison visitor’s tort suit goes forward
Sovereign immunity does not bar a suit under the Virginia Tort Claims Act brought by appellee who alleges prison personnel mistreated her when she came to the prison to visit her husband. Background Appellee alleges that prison personnel subjected her to strip and body cavity searches twice after K-9s alerted to her. The searches were […]
$7M verdict tossed for lack of evidence of proximate cause
A $7 million jury verdict was reversed after the Court of Appeals of Virginia found that the passenger in an auto accident didn’t introduce any evidence of proximate causation and therefore failed to establish her prima facie case of negligence. The jury found the oncoming driver liable for not avoiding the collision. But the plaintiff’s […]
Reckless driving conviction affirmed
Where appellant was convicted of reckless driving after he failed to negotiate a curve, causing his 18-wheel truck with a load of hogs to flip on its side, a rational trier of fact could reasonably infer that the crash was a result of appellant’s recklessness. Analysis “Multiple factors may indicate recklessness, ‘includ[ing] erratic driving, “the […]
Reasonable suspicion to search appellant
Where appellant tried to evade the police, who observed an “L-shaped” outline near his right front pocket, the officers had a reasonable, articulable suspicion of illegal activity, which justified a pat-down search. A gun that fell from appellant’s pant leg was properly admitted as evidence. Analysis “Under the totality of the circumstances here, the officers […]
No evidence for prima facie negligence case
Where no evidence was presented to establish a prima facie case of negligence in this car collision case, a $7 million jury verdict for appellee is reversed. There were three possible theories of causation: appellant caused the accident, appellant and the other driver caused the accident, or appellant was not a proximate cause despite her […]
Support award to wife upheld
Where the circuit court awarded wife $10,000 per month in spousal support, the court’s decision not to impute income to wife is supported by the record. Imputed income “At the outset, husband argues that the trial court should have imputed at least $65,000 of annual investment income to wife because his financial planning expert testified […]
No due process violation from delayed indictment
Even though there was a 26-year delay before appellant was indicted for forcible sodomy, robbery, and abduction with intent to defile, there was no due process violation. The prosecutor did not intentionally delay the matter. The delay did not prejudice appellant. Background Appellant was convicted of charges arising from a 1992 knifepoint assault of D.M. […]
Sentences revoked after technical violations
Where a statute defining technical probation violations was enacted after appellant committed several probation violations, those violations could properly be considered technical violations. This is so despite appellant’s argument that technical violations did not exist before the statute defining them was enacted. Those violations, plus technical violations committed after the statute took eff[...]
Verdicts & Settlements
- 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
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
