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Samaritan statute saves paramedics from liability
Paramedics who failed to thoroughly read a man’s advance directive have immunity from the wrongful death suit filed by his sister, the Supreme Court of Virginia has ruled, upholding a decision from Smyth County. The trial court found the paramedics were “clearly negligent, and probably grossly negligent” but they had absolute immunity from liability under […]
Paramedics had immunity in wrongful death action
Although the circuit court concluded that paramedics who failed to thoroughly read the decedent’s advanced directives were “clearly negligent, and probably grossly negligent,” the court correctly concluded they were entitled to immunity from plaintiff’s wrongful death suit. This is the case because they rendered aid in good faith and without compensation, in accordance with Code […]
Benefits award upheld despite incorrect analysis
We affirm the Court of Appeals’ determination that claimant was entitled to workers’ compensation benefits, even though the court used an incorrect analysis to reach its conclusion. The appeals court ruled that claimant’s injury occurred during a four-hour period, and that this satisfied the requirement that the injury “must be a specific occurrence that can […]
Statute of repose no barrier to wrongful death case
Where a truck driver was killed at a stone quarry when a machine malfunctioned, the circuit court incorrectly characterized the machine as “ordinary building material” and applied the five-year statute of repose, Code § 8.01-250, to dismiss the case as untimely. The machine was unrelated to the structural integrity of the building itself and thus, […]
Transient occupancy tax applies to home rentals
The circuit court correctly upheld the Fairfax County Board of Supervisors’ amendment of the county’s zoning ordinance, and the imposition of a two percent lodging tax on short-term rentals of residential homes. Zoning amendments Appellants (hosts) are a group of homeowners who use online platforms to make short-term rentals of their homes. The Fairfax County […]
Child pornography was admissible evidence
Where appellant was convicted of sex crimes, including custodial sexual abuse, involving a 7-year-old child, “child pornography titles” found on his computer were properly admitted as evidence. The probative value of this evidence regarding “conduct or attitude towards the victim, motive, method and intent” outweighed its prejudicial effect. Further, appellant’s request to poll the jury [...]
County board could not dissolve private EMS
A board of county supervisors lacked authority to dissolve an emergency medical service’s corporate status and distribute its assets. The service was a private nonstock corporation, rather than being established under the statute granting the county board the power to dissolve Background Dumfries-Triangle Rescue Squad, Inc. (DTRS) was registered with the State Corporation Commission in […[...]
No fees from unrepresented siblings in partition case
Where appellant sought a partition of a home she and her siblings inherited, the trial court correctly ruled that she could not obtain an attorney’s fee under the partition statute from her unrepresented siblings. Background In 2012, despite their deceased mother’s wishes that her home be sold and the proceeds divided, her children decided to […]
School bus assault not covered by UIM policy
Where a school bus driver and a bus aide assaulted a special needs student while he harnessed to a bus seat, no uninsured motorist coverage is due from a policy defendant issued to the student’s mother. There was no causal connection between the student’s injury and use of the school bus as a means of […]
Malice implied from multiple gun shots
Where a woman sitting in a car was struck and killed by one of four shots appellant fired down a city street without justification, the necessary malice to sustain a second-degree murder conviction is implied by appellant’s actions. “The concept of implied malice is based on the notion that the defendant intentionally acts, even though […]
Private foundation of public college not subject to VFOIA
George Mason University Foundation, a private, nonprofit corporation that raises funds and manages donations to George Mason University, is not subject to the Virginia Freedom of Information Act. Overview Appellant, Transparent GMU, filed a VFOIA request with GMU and the GMU Foundation to obtain donor records. GMU replied it had no such records. The foundation […]
Rezoning evidence admissible in taking case
Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a portion of appellant Helmick Farms property to build a highway interchange. Helmick refused the commissioner’s […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- 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
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
