Tag Archives: Judge Grace Burke Carroll

No fraud or unjust enrichment in home construction action (access required)

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 ...

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Vehicle correctly classified as autocycle in HOV case (access required)

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 ...

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Injured pedestrian cannot sue county garbage truck driver (access required)

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 ...

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Fairfax jury gives $20.5M for failure to diagnose tumor – $20.5 Million Verdict (access required)

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 ...

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