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Judge John R. Doyle III

Apr 2, 2012

Painter Not ‘Statutory Employee’

An employee of a specialty paint crew painting a coal loader belonging to Norfolk Southern was working on a “preservation” project, not a “maintenance” project that was part of Norfolk Sothern’s trade, business or occupation, and the Norfolk Circuit Court rejects a plea in bar of the workers’ comp statute filed by the contractor hired […]

Feb 15, 2012

No Respondeat Superior Claim Against Surgeon

In this suit alleging a patient at Sentara Norfolk General Hospital died due to negligence during post-surgical care for treatment of her ischemic leg, a Norfolk Circuit Court dismisses respondeat superior claims against defendant surgeon, a medical school faculty member, for lack of duty. The court previously ruled the Virginia Tort Claims Act did not […]

Nov 9, 2011

Immunity on Rape Claim Against Officer

A woman who alleges she was raped by the city police officer dispatched to her home in response to her call to be transported to a hospital because of breathing difficulties cannot sue the city on a claim of negligence, and the Norfolk Circuit Court grants the city’s plea of governmental immunity. Plaintiff alleges no […]

Aug 2, 2011

New Condemnation Statute Does Not Control

A Norfolk Circuit Court adopts a previous ruling of this court and holds that because plaintiff Norfolk Redevelopment & Housing Authority instituted its condemnation claims in this matter prior to the effective date of a new statute, Va. Code § 1-219.1, which changes the law, the Authority may rely on the former law to take […]

Nov 12, 2010

Civil Procedure – Judicial Recusal – Conflict Of Interest

A Norfolk Circuit judge advises the parties in this suit by an estate against defendants, including Sentara Healthcare System, that the judge’s wife is the director of marketing for Sentara. The court does not believe it has a per se conflict with hearing cases involving the Sentara Healthcare System, but the court will defer to […]

Oct 23, 2010

Real Estate – Survivorship Right – Unmarried Couple – Sale Proceeds

Where an unmarried couple bought a foreclosure home as joint tenants with right of survivorship, but they later sold the home to their tenant, with owner financing, and continued to divide the monthly payments after they split up, the survivorship interest continued and the man is entitled to the entire sale proceeds after the woman’s […]

Oct 23, 2010

Contract – Commercial Building – Renovations – Unjust Enrichment

Funds seized by defendant St. Joe Company from Advantis real estate company under a Deposit Control Agreement after Advantis defaulted on its obligations to St. Joe, belong to plaintiff N.R.H.A., who paid the money to Advantis as its agent to pay two contractors for renovation of a commercial building; a Norfolk Circuit Court grants summary […]

Oct 21, 2010

Unmarried partner gets mortgage payments

An unmarried couple’s joint tenancy with survivorship outlasted their romantic relationship, leaving the male partner to collect mortgage payments on their jointly owned property after the female partner died, in a new decision from Norfolk Circuit Court. The male partner may receive all of the buyer’s payments, instead of half going to the female partner’s […]

Feb 1, 2010

Contract – Nursing Home – Arbitration

A Chesapeake nursing home cannot compel arbitration of a comatose patient’s claim that she was sexually molested by a staff member, as a Norfolk Circuit judge sticks by his denial of the nursing home’s motion to compel arbitration. The court already entered an order on defendant’s change of venue motions [VLW 009-8-228], but restates its […]

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