Type of action: Medical malpractice Injuries alleged: Negligent performance of a laparoscopic cholecystectomy leading to additional hospitalization and surgical repair Name of case: Davis v. Sanders and Virginia Surgery Associates Court: Fairfax County Circuit Court Case no.: CL21-12105 Name of ...

Tagged with: Davis v. Sanders and Virginia Surgery Associates Judge Grace Burke Carroll Medical Malpractice

Where a valid nonsuit was entered in plaintiff’s previous suit against a homeowners association, he has preserved his right to refile his case. Plaintiff is granted leave to amend his declaratory judgment count, or, in the alternative, to bring claims ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

A Fairfax County judge says he will not force a Black defendant to go on trial in a courtroom lined with portraits of white judges. Circuit Judge David Bernhard granted a motion to remove courtroom portraits that “overwhelmingly” depict white ...

Tagged with: Fairfax County Judge Grace Burke Carroll race

Plaintiff may file his inverse condemnation claim in circuit court without first presenting it to the Fairfax County Board of Supervisors. Code § 15.2-1248 does not make presentation to the county supervisors a requisite before filing in circuit court. Moreover, ...

Tagged with: Fairfax County Circuit Court Judge Grace Burke Carroll Real Estate Virginia Circuit Courts

Where defendant’s plea in bar asserts that the parties were divorced by a Jordanian court, rendering moot plaintiff’s divorce action filed in this court, the plea in bar is denied because the court will not grant comity to the Jordanian ...

Tagged with: Domestic Relations Fairfax County Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

Where Fairfax County taxed Cox Communications’ gross receipts of internet access fees under the commonwealth’s Business, Professional, and Occupational License tax, this was error because the federal Internet Tax Freedom Act preempts the BPOL tax. It is the county’s burden ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

Where plaintiffs sued for return of their deposits paid for property and construction of a home, the court finds defendants did not violate the Virginia Consumer Protection Act, and were not unjustly enriched by retaining plaintiffs’ deposits. To prove fraud ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

Where defendant was convicted in district court for driving his autocycle in a high occupancy vehicle lane, the commonwealth did not violate the Supremacy Clause by classifying his vehicle as an autocycle rather than a motorcycle, which can be operated ...

Tagged with: Constitutional Fairfax County Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

Sovereign immunity bars a suit against a county garbage truck driver who hit and injured a pedestrian while he was driving his route. Background Defendant was driving his garbage collection route when he struck and injured plaintiff while making a ...

Tagged with: Fairfax County Circuit Court Judge Grace Burke Carroll Negligence Virginia Circuit Courts

The case involved a Kaiser Permanente oncologist providing poor follow-up care to a post-mastectomy patient with silicone implant reconstruction. Ultimately the patient developed a desmoid tumor, medial to her right implant, that grew uncontrollably to a large size and in ...

Tagged with: Fairfax County Circuit Court Judge Grace Burke Carroll Medical Malpractice Million-Dollar Verdicts