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Realtor’s commission claim revived on appeal
Virginia Court of Appeals rules a city may owe a realtor commission after exercising a right of first refusal under the same terms of a private sale.
Search and Seizure: Circuit court wrongly suppressed results of search
Where the investigatory stop and resultant detention did not exceed the reasonable limits, the circuit court erred in suppressing the evidence obtained following the stop.
Contract: Realtor’s claim for commission is reinstated
Where a realtor alleged facts making it plausible that it was owed a commission, the circuit court erred when it granted a demurrer on this claim.
Parent and child: Mother’s lack of improvement results in termination of her parental rights
Where unstable housing, substance abuse, lack of childcare/supervision and an unsafe home environment were conditions that led to the minor child being placed in foster care, and mother failed to produce any evidence that she substantially remedied any of those conditions, the circuit court’s order terminating her parental rights and approving the goal of adoption was affirmed.
Freedom of Information: Videos showing dog biting inmates are exempt from disclosure
Where requesters sought video and audio recordings of a canine biting inmates, the circuit court erred in ordering their disclosure. Code § 2.2-3706(B)(4) excludes from mandatory disclosure “[a]ll records of persons imprisoned in penal institutions in the Commonwealth provided such records relate to the imprisonment.” Because the videos are saved and maintained to document inmates’ activi[...]
Criminal: Defendant waived ability to challenge probation condition
Where a man convicted of voluntary manslaughter and maliciously discharging a firearm into an occupied dwelling argued that the period of supervised probation exceeds the allowable time under Code § 19.2-303, but he failed to preserve this objection, and the sentencing order is not void ab initio, this court did not reach this issue.
Domestic Relations: Custody award was supported by evidence
Where the circuit court properly considered the statutory factors based on the evidence presented, and found that awarding wife primary custody was in the children’s best interest, that decision was affirmed.
Negligence claim revived in student’s sexual assault case
Virginia Court of Appeals reinstates gross negligence claim against educators in case involving alleged sexual assault of special needs student.
Education: School officials sued following sexual assault of special needs student
Where a parent alleged that school officials displayed no semblance of diligence or care until after a student assaulted her daughter with special needs, the circuit court wrongly dismissed the gross negligence claim.
Criminal: Attempted incest of grandchild conviction is reversed
Where the evidence showed the defendant intended to engage in sexual intercourse with his granddaughter, but he did not commit an action that went beyond mere preparation, his conviction for attempted incest was reversed.
Parent and child: Mother appeals contempt, custody and fees order
Where the record supported the circuit court’s contempt, custody and attorney’s fees award, it was affirmed.
Zoning: Homeowners’ challenge to medical clinic fails
Where homeowners challenged a decision of the Stafford County Zoning Administrator allowing an outpatient behavioral health treatment company to operate a medical clinic out of one of the units in a shopping center, their challenge failed.
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
