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Board meeting did not fall within VFOIA exceptions
Where plaintiffs allege that five members of a county board of supervisors violated the Virginia Freedom of Information Act’s open meeting requirements when they attended a police Citizens Advisory Board, or CAB, meeting to discuss responses to riots in the wake of George Floyd’s killing, the gathering was a meeting within the meaning of the […]
UIM coverage is part of UM coverage
Where a driver was involved in an accident with both an uninsured motorist and an underinsured motorist, her insurer is not liable to provide separate UM and UIM coverage. This is so because the relevant statute is best understood as making UIM coverage a component part of UM coverage. Overview Miles, the driver, was covered […]
Court had jurisdiction over utility contract dispute
Where a chemical company sued a privately operated water company for breach of contract, the tariff under which the parties conducted their business is best understood as a contract, which is reviewable by the circuit court, rather than a decision by the State Corporation Commission, which only the Virginia Supreme Court can review. As a […]
Stock properly classified for lump sum support award
The trial court correctly classified stock in a family real estate business as a gift from husband’s uncle and therefore as husband’s separate property, which was not subject to equitable distribution. Further, there was no error when the court awarded wife a lump-sum support award of $1.3 million. The stock “[I]n order to establish the […]
Evidence supports aggravated sexual battery conviction
The evidence supports findings that appellant touched his daughter’s “intimate part” and did so with the intent “to sexually molest, arouse, or gratify any person.” Overview “[T]o sustain [appellant] Valentine’s conviction of aggravated sexual battery regarding his contact with T.H. [his daughter], the evidence needed to be sufficient to establish that Valentine intentionally touched[...]
Sufficient evidence for murder conviction
There was sufficient evidence to sustain appellant’s second-degree murder conviction. Further, the trial court correctly refused to strike the testimony of a key trial witness despite appellant’s argument that she was unreliable and not credible. Although the record shows the witness was often difficult to understand, her demeanor as it relates to credibility was a […]
Sufficient evidence of intent to distribute
Where an expert testified that appellant’s possession of almost 10 pounds of marijuana was “inconsistent with personal use” because it would take more than three years for a heavy user to smoke all of it, this was sufficient evidence that appellant intended to distribute marijuana. Intent to distribute “[Appellant] Johnson challenges the sufficiency of the […]
No jurisdiction without final conviction
Where the appellant seeks to challenge the circuit court’s ruling that it lacked jurisdiction over a general district court’s order granting the commonwealth’s motion to nolle prosequi charges lodged against appellant, the Court of Appeals lacks jurisdiction to review the matter. “As regards this appeal, [appellant] Forness has not been convicted of anything in any […]
Claim for ongoing treatment barred
Where a workers’ compensation claimant failed to appeal a determination which didn’t address payments for ongoing treatment of a compensable injury, his claims were barred by res judicata. The Virginia Court of Appeals affirmed a finding of the Workers Compensation Commission that the claimant had failed to pursue his claim for treatment of a causally […]
No basis for mistrial in drug prosecution
Where appellant did not show that the commonwealth suppressed information favorable to his defense that would otherwise have been unavailable, the circuit court correctly denied his motion for a mistrial. Overview Golden, a confidential informant for the police, made controlled purchases of cocaine from “Big D,” who was later identified as appellant Wright. Oakes was […]
Res judicata bars claim after final award
Even though claimant’s medical benefits claim included a claim for deep vein thromboses, where the deputy commissioner’s award did not address DVT, and neither party appealed, the award became final and res judicata bars a later claim to pay for DVT medical treatments. Background The claimant, Rich, broke a bone in his left foot on […]
Attempt to name correct defendant was untimely
Where plaintiff nonsuited her personal injury claim because she named the wrong defendant, her new action, filed outside the statute of limitations, does not relate back to her original complaint. Overview On June 25, 2017, Edwards, the plaintiff, sued for injuries sustained when she fell from a dock at a resort. “The sole defendant named […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
