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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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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
