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Tag Archives: Judge Mary Bennett Malveaux

Spousal support correctly determined on remand (access required)

The circuit court, on remand, properly considered all the statutory factors when determining the amount and duration of wife’s spousal support award. Further, the court correctly rejected wife’s motion to use an alternative valuation date for a certain bank account ...

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Driver who failed to see motorcyclist not ‘reckless’ (access required)

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A Virginia Court of Appeals panel majority says a driver could not be guilty of reckless driving when the evidence showed only that he failed to see a stopped motorcyclist in time to avoid a fatal collision. The court overturned ...

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Failure to obtain ruling waived search challenge (access required)

Where appellant objected to the admission of evidence on Fourth Amendment grounds but never obtained a ruling from the trial court, he has not preserved the issue for appeal. Prior procedure As appellant was leaving a friend’s house, two police ...

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Injury was related to identifiable incident (access required)

The Virginia Workers’ Compensation Commission correctly determined on remand that claimant’s injury was related to an identifiable incident. Background Claimant was a police officer for the city of Charlottesville. During a day-long SWAT team training exercise, he played the role ...

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Failure to wear seatbelt bars benefits (access required)

Where appellant was injured while driving his employer’s truck, the Virginia Workers’ Compensation Commission correctly denied his claim after finding that he willfully failed to wear a seatbelt, and such failure proximately caused his injuries. Background Claimant’s job was to ...

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