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Exceptional error warrants reversal of probation revocation
Divided Court of Appeals of Virginia reverses a 10-year sentence, ruling the circuit court exceeded statutory limits on first technical probation violations under §19.2-306.1.
Parent and Child: Children claim right to property over second wife
Where father and wife had agreed to divide certain property as part of their divorce, but had not executed the property settlement agreement when father died, the property settlement agreement could not be enforced by the father’s children via a constructive trust or equitable estoppel.
Workers’ Compensation: INOVA employee suffers psychological injury after patient exposes himself
Where the Workers’ Compensation Commission awarded damages to a hospital employee who suffered “sudden shock or fright” when a patient exposed himself to her, and evidence supported that decision, it was affirmed.
Contract: Circuit court retained jurisdiction to enforce settlement order
Where the appellants argued the circuit court lacked jurisdiction to consider certain issues, because more than 21 days had elapsed since the underlying order was entered, this argument failed. The motion simply asked the circuit court to enforce its prior settlement order, and it is well settled that the court may address motions to enforce a final judgment, including, but not limited to, the exe[...]
Court: Permission not an affirmative defense to adverse possession
Virginia Court of Appeals rules permission need not be pleaded as an affirmative defense in adverse possession and addresses easement obstruction and encroachment.
Real Property: Lack of permission is an element of an adverse possession claim
Where the circuit court held permissive use should have been pleaded as an affirmative defense to adverse possession, it erred. The plaintiffs bore the burden of proving each element of adverse possession, including that such possession was hostile (and thus without permission).
Environmental: Property owners lack standing to challenge wind project
Where the appellants did not own or occupy real property in close proximity to the challenged location, and failed to demonstrate a particularized harm, they lacked standing to challenge the zoning determination.
Sanctions: Man sanctioned for violating family abuse protective order
Where a family abuse protective order generally prevented a man from having contact with his wife, but he used others to surveil her, he was found in civil contempt.
Sanctions: Split court finds defendant waived challenge to contempt finding
Where the defendant did not timely object to the circuit court’s contempt finding, his challenge was not preserved for appeal.
Administrative: Injured employee denied benefits
Where an injured employee’s testimony was inconsistent with and was not corroborated by her statements and her medical records, the Virginia Workers’ Compensation Commission did not err in denying her claim for benefits.
Domestic Relations: Parties dispute whether funds were loans or gifts
Where the circuit court erred in evaluating whether $113,000 given to wife by her brother was a gift or a loan, its equitable distribution determination was reversed.
Administrative: Developer’s proposed subdivision plan is rejected
Where the Department of Land Development Services of Fairfax County decided that a subdivision plan proposing a new road was prohibited under the Fairfax County Comprehensive Plan for land use and development, and its decision was based on the statute and on the applicable local ordinance and was not arbitrary and capricious, it was affirmed.
Verdicts & Settlements
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
Opinion Digests
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
- Negligence – Release doesn’t bar rider’s negligence claim against horse owner
- Bankruptcy – Motion to reinstate Chapter 7 petition previously dismissed by court is denied
- Wills and trusts – Court applied incorrect statute of limitations to breach of trust claims
- Administrative – Doctor’s attacks on license suspension order fails
- Habeas Corpus – Petition attacking military court martial is dismissed
- Parent and Child – Stepmother awarded custody of stepchildren over father’s objection
