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Judge Leslie L. Lilley

Mar 12, 2021

Bridge and tunnel district immune from tort claim

Where a truck driver died from hypothermia and drowning in Chesapeake Bay after the tractor-trailer he was driving went through a guardrail, sovereign immunity bars claims by the driver’s estate against the Chesapeake Bay Bridge and Tunnel (CBBT) District. Overview As Chen “approached the southbound entrance to the Chesapeake Bay Bridge Tunnel (hereinafter the ‘CBBT’), […]

Mar 8, 2021

Judge dismisses suit over trucker’s death on bridge-tunnel

Despite concern with the way wind-related travel restrictions were handled at the Chesapeake Bay Bridge Tunnel, the evidence was insufficient to show those problems caused the death of a truck driver whose rig went over the side four years ago, a Northampton County circuit judge has ruled. While the failure of causation evidence led Judge […]

Jun 4, 2020

Road closure was not compensable taking

Where a city closed one of two roads from which appellant landowner’s commercial property could be accessed, the trial court correctly ruled this was not a taking that entitled appellant to compensation. Background The landowner’s commercial property has frontage on Callison Drive and Battlefield Boulevard. The city of Chesapeake closed Callison Drive, which had been […]

Jun 4, 2020

Subrogation waiver does not apply to condo owner’s tenant

Where a condominium association’s insurer waived subrogation against additional insureds, this waiver did not extend to an individual unit owner’s tenant. Facts Sailsman was an individual unit owner in the Chimney Hill Condominium Association. He leased his unit to Alba. A fire originated in Sailsman’s unit, causing Erie Insurance Exchange to pay more than $822,000 […]

May 2, 2016

A shadow docket?

A Virginia Beach man says he never got his rightful day in court because the clerk’s office re­fused to summon his witnesses. Although he blamed his predic­ament on a so-called “shadow docket” at the clerk’s office, his opponent says it likely was just a miscommunication. A four-justice majority of the Su­preme Court of Virginia upheld […]

Apr 22, 2013

Defendant Must Share Statement to Carrier

A Virginia Beach Circuit Court grants plaintiff’s motion to compel production of defendant’s recorded statement to her insurance company one day after the subject automobile accident, but declines to rule on plaintiff’s request for defendant’s surveillance video of plaintiff without more facts. The statement at issue was taken by the agent of defendant’s insurance company […]

May 8, 2012

No Fraud Claim On Builder’s Contract

The Accomack Circuit Court applies the “source of duty rule” and says a couple who alleges defendant contractor drew payment but never finished building their new home, may sue for breach of contract, but not for fraudulent inducement. The fraud count alleges the contractor demanded and received an advance of $63,340. Plaintiffs allege the contractor […]

Dec 26, 2011

Condo owners pursue structural defect, warranty claims – $3,248,105 Verdict

Sandbridge Dunes is a 74-unit, four-story condominium building on the oceanfront in Sandbridge. Following three years of fruitless attempts to have the project developer fix leaks and faulty construction in the common areas, the owner’s association retained experts and counsel to pursue statutory warranty claims, seeking over $4,000,000 to repair the defective work. Defects included […]

Feb 14, 2011

Written Statement ‘Inadequate’ After 7-Day Trial, Judge Says

A Virginia Beach Circuit Court rejects a written statement of facts proffered by plaintiffs as inadequate to cover a seven-day trial that included testimony of several expert witnesses, all of which was recorded by a court reporter. Given the length and substance of the case, as well as the availability of a trial transcript of […]

Nov 24, 2010

Civil Procedure – Written Statement Of Facts – Defendant’s Objections

After a seven-day trial that included testimony from several expert witnesses, all recorded by a court reporter, a Virginia Beach Circuit Court says plaintiff’s written statement of facts is inadequate, and the court sustains defendant’s objections. The case upon which the written statement of facts has been filed consisted of seven days of trial, including […]

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