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COA’s interpretation of hit-run statute vacated
The Court of Appeals correctly affirmed appellant’s conviction under the hit and run statute after determining there was sufficient evidence to show that he failed to satisfy either of the two post-accident reporting requirements. However, the Court of Appeals should not have sua sponte opined that the statute required appellant to satisfy only one of […]
Court: Judge too quick to strike med mal case
Expert testimony that the timely examination of an obstetrical patient by the defendant doctors would likely have saved the woman’s life was enough to let the wrongful death case go to a jury, the Supreme Court of Virginia has ruled. While cross-examination may have undermined the plaintiff’s experts, the trial judge considering a motion to […]
Felony hit and run is predicate for felony homicide
Where a hit and run victim later died from his injuries, the felony hit and run can serve as the predicate offense for a felony homicide conviction. Appellant, the hit and run driver, was properly convicted of both charges because malice can be imputed from her actions and the victim’s death was within the res […]
Infectious death case incorrectly dismissed
Where plaintiff’s experts testified that had defendant doctors promptly diagnosed and treated the pregnant decedent’s infection she might not have died, this evidence was sufficient to survive defendants’ motion to strike at trial. The trial court erred by granting the motion and dismissing the case. A new trial will be conducted on remand. Overview Plaintiff […]
Eyewitness identification expert’s testimony partially excluded
Proffered testimony from an eyewitness expert was properly excluded because in one instance, the issue of eyewitness confidence was within the jurors’ common experience, and in another instance, the expert discussed the concept of unconscious transference but stated this did not occur in appellant’s case. Background Jackson identified appellant Watson as the man who shot […]
City not liable for defective fire hydrant
Where the decedent died in a house fire, sovereign immunity bars a suit against the city for maintaining a defective fire hydrant. The essence of the estate’s claim is that city firefighters did not extinguish the fire quickly enough to rescue the decedent. However, firefighting is a municipal function, which is protected by governmental immunity. […]
Court lacked jurisdiction to modify pension distribution
Although a circuit court retains jurisdiction to correct or clarify a pension distribution order after Rule 1:1’s 21-day period, the court lacks jurisdiction “to change the substance of the original division of property.” As a result, where the property distribution awarded appellant wife 50% of appellee’s military pension, less a fee for calculating a survivor […]
Pension distribution order fixed after 21 days
A divorced couple’s pension distribution order was final and unassailable after 21 days, according to a ruling last month from the Supreme Court of Virginia. Even though a statute expands the jurisdiction of a circuit court to modify a pension order in certain circumstances, it does not open the door to substantive changes in the […]
Appraiser’s testimony incorrectly excluded
Where the trial court upheld a city’s assessment of appellant’s marine container terminal and associated equipment, an expert’s testimony that the assessment should have been lower was improperly excluded on the basis that he lacked a Virginia appraiser’s license at trial. Facts Virginia International Gateway, a marine container terminal, believed the city of Portsmouth’s assessment [&he[...]
Cocaine found during ‘Terry’ stop admissible
Defendant’s actions while seated in his car – digging between and beneath the seats and behind him with his hands – gave police a reasonable suspicion that he was reaching for a weapon, which justified removing defendant from his car and seizing him. Cocaine found in the car was properly admitted as evidence at defendant’s […]
Introducing the Virginia Lawyers Wellness blog
We have had numerous stories in the past two years about lawyer wellness, starting in late 2017 when Virginia’s Chief Justice, Donald W. Lemons, was a member of a national wellness task force. He brought the idea back to the commonwealth and tasked a colleague, Justice William C. Mims, with starting a Supreme Court task […]
‘Firing on all six cylinders’
HOT SPRINGS – Justice William C. Mims has been leading the charge for lawyer wellness for more than a year now. Chief Justice Donald W. Lemons tapped him to chair a special committee of the high court last year; Mims has been involved in most of the wellness initiatives across Virginia, often appearing before bar […]
Verdicts & Settlements
- 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
- 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
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
