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Search and Seizure: Missing affidavit isn’t fatal
Although the affidavit could not be located in the clerk’s office, where the officer testified the affidavit he filed with the clerk’s office was the original on which the search warrant was based, he provided a copy to the public defender’s office, he was cross-examined about its contents and the circuit court found the copy was not “illegible or not readable,” it did not err in finding[...]
Civil Procedure: Woman has standing to sue over husband’s death
Where a circuit court retroactively appointed the plaintiff as administrator for her husband’s estate, she has standing to bring personal-injury and wrongful-death actions on her husband’s behalf.
Civil Procedure: Circuit court erred by granting demurrer on argument that wasn’t made
Where the circuit court granted George Mason University’s demurrer against a retaliation claim under the Fraud and Whistle Blower Protection Act of Virginia on the basis the university was not a “person” under the statute, but the university did not make that argument in its demurrer, the circuit court erred.
Contract: Solar energy company is liable for underperforming solar panel modules
Where the trial court held a solar energy company was liable for damages resulting from its underperforming solar panel modules, the verdict was affirmed.
Real Property: Lienholder loses in suit over real property proceeds
Where a lienholder argued it was entitled to surplus funds from the judicial sale of real property, its claim was barred by a 10-year limitations period in Code § 8.01-241(A).
Damages: Real property is sold for $16.9 million to satisfy debts
Where the owner of real property that was sold at auction to satisfy the owner’s debts challenged the process and the amount obtained from the sale, the court rejected each of its arguments.
Contract: Man waited too long before pursuing $260,000 confessed judgment
Where a promissory note had a maturity date of March 25, 2013, the note holder’s September 2021 complaint for confessed judgment was filed too late. Although the note holder argued that the statute was tolled, this argument was rejected.
Negligence: No mistrial despite lead counsel’s heart attack during trial
Although the defendant’s lead counsel suffered a heart attack during the trial, the circuit court did not abuse its discretion when it denied a mistrial. The second chair delivered the opening statement, competently directed and redirected witnesses and gave a thorough and detailed closing argument.
Domestic Relations: No error in final decree of divorce
Where husband challenged the testimony of wife’s expert witness, the equitable distribution award of their marital bank accounts and wife’s retirement account and the spousal support award, but each of his arguments failed, the circuit court’s decision was affirmed.
Real Property: Right to use private road wasn’t extinguished by merger
Where the circuit court held a property owner’s right to use a private road that traversed the edge of its neighbor’s land was extinguished under the doctrine of merger, it erred.
Negligence: Landowner dodges wrongful death suit over runaway horse
Where a neighbor’s horse escaped through a hole in a fence caused by a fallen tree or limb, but the landowner had no duty to inspect and cut down the trees on her private property to prevent injury to drivers on the public roadway, her demurrer was granted.
Real Property: Bank prevails in unlawful detainer suit
Where a homeowner who lost his house at foreclosure responded to an unlawful detainer suit by the purchaser by challenging its title, but his challenges were not legitimate, the bank prevailed in the suit.
Verdicts & Settlements
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
