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 ...

Tagged with: Judge Leslie L. Lilley Personal Injury Virginia Beach Circuit Court Virginia Circuit Courts

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, ...

Tagged with: Chesapeake Bay Bridge Tunnel Judge Leslie L. Lilley Northampton County

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 ...

Tagged with: Judge Leslie L. Lilley Real Estate Supreme Court of Virginia

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. ...

Tagged with: Insurance Judge Leslie L. Lilley Supreme Court of Virginia

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 ...

Tagged with: Judge Leslie L. Lilley Justice D. Arthur Kelsey Justice Donald W. Lemons Justice S. Bernard Goodwyn Supreme Court of Virginia Virginia Beach Circuit Court

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 ...

Tagged with: Judge Leslie L. Lilley Negligence Virginia Beach Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Accomack County Circuit Court Contract Judge Leslie L. Lilley Virginia Circuit Courts

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 ...

Tagged with: Judge Leslie L. Lilley Million-Dollar Verdicts Real Estate Virginia Beach Circuit Court

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 ...

Tagged with: Civil Procedure Judge Leslie L. Lilley Virginia Beach Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Procedure Judge Leslie L. Lilley Virginia Beach Circuit Court Virginia Circuit Courts