A circuit court upheld the validity of a premarital agreement after ruling that the document could corroborate an adverse party’s testimony under Virginia’s “Dead Man’s Statute.” After her husband died of COVID-19 while intestate, the plaintiff challenged the validity of ...

Tagged with: Domestic Relations Judge Penney S. Azcarate Virginia Circuit Courts

Type of action: Negligence, personal injury Injuries alleged: Concussion, subdural hematoma Name of case: Sheckels v. Handley Motor Company Inc. Court: Fairfax County Circuit Court Case no.: CL 2020-11058 Tried before: Jury Name of judge or mediator: Judge Penney S. ...

Tagged with: Fairfax County Circuit Court Judge Penney S. Azcarate Negligence Verdict

A British defamation case, in which the court concluded that a newspaper’s characterization of plaintiff as a “wife beater” was “substantially true,” cannot be given preclusive effect in plaintiff’s defamation case in this court against defendant. Defendant’s plea in bar, ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Penney S. Azcarate Virginia Circuit Courts

Defendant is entitled to summary judgment in this collection case because plaintiff has produced no evidence of any legal obligation between defendant and the entity that defaulted on loans obtained from plaintiff. Facts Plaintiff FVCBank has sued defendant Transform Holdco ...

Tagged with: Contract Fairfax County Circuit Court Judge Penney S. Azcarate Virginia Circuit Courts

Where plaintiff sued decedent’s estate, alleging the decedent sexually abused him, a negligence claim against decedent’s wife based on theories of employer-employee, business proprietor-invitee and custodial supervision, the wife’s demurrer is sustained with prejudice. Allegations Plaintiff sued Virginia Music Adventures, ...

Tagged with: Fairfax County Circuit Court Judge Penney S. Azcarate Personal Injury Virginia Circuit Courts

In 1973, Respondent Larry Ray Johnson was convicted of rape and abduction with intent to defile. In 2013, he was convicted of eight counts of mailing threatening communications, for which he was sentenced to 20 years in the custody of ...

Tagged with: Criminal Fairfax County Circuit Court Judge Penney S. Azcarate Virginia Circuit Courts

Doctors who hoped to use the lab-test-immunity provision of Virginia’s medical malpractice law failed to make their case, a Fairfax County circuit judge has ruled. The decision revives attention to a compromise statute hammered out in 2006 following two conflicting ...

Tagged with: Fairfax County Circuit Court Judge Penney S. Azcarate Medical Malpractice medical malpractice lab-test-immunity statute

On August 15, 2012, plaintiff, a 23-year-old female, sustained a deep slice to her left thumb while working as a bartender. After initial care at the emergency department, the plaintiff underwent primary flexor tendon and nerve repair by the defendant ...

Tagged with: Fairfax County Circuit Court Judge Penney S. Azcarate Personal Injury

A Fairfax Circuit Court grants an agent’s plea in bar of the statute of frauds to plaintiff home buyers’ action claiming breach of an oral agreement to assist with short-term financing for construction of their new home; the two emails ...

Tagged with: Fairfax County Circuit Court Judge Penney S. Azcarate Real Estate

A plaintiff who alleges defendant Capital One Services LLC refused to pay him an $11,000 bonus his supervisor told him he earned in 2014, and fired him when he asserted his right to the bonus, has stated a claim for ...

Tagged with: Employment Fairfax County Circuit Court Judge Penney S. Azcarate Virginia Circuit Courts