Loudoun County Circuit Court

Apr 11, 2011

Husband killed, wife injured in Loudoun County collision – $1,489,495 Settlement

At approximately 1:45 p.m. on Sept. 21, 2009, Kenneth Taylor, driver of a 2005 Nissan Murano, and his wife, the passenger, were involved in an automobile accident with defendant, who was driving a 1997 Ford Expedition. The Taylors were traveling north on Evergreen Mills Road near Fleetwood Road in Leesburg. Defendant was traveling south on […]

Mar 14, 2011

Supplier Can Sue to Enforce Mechanic’s Lien

In a supplier’s suit to enforce a mechanic’s lien against homeowners, the homeowners cannot demur to the suit based on the language of an earlier commercial account application between the supplier of construction materials and the builder for defendants, says a Loudoun County Circuit Court. Plaintiff supplied building materials to Foster, a builder for defendants. […]

Jan 31, 2011

Infant settlement procedures get an overhaul in Fairfax

Some Northern Virginia judges and lawyers are taking a fresh look at what had been a routine procedure intended to protect the rights of children when settling their civil claims. In Loudoun and Fairfax Counties, judges have decided that, in many cases where they are called on to approve tort settlements, they want to pick […]

Jan 3, 2011

Rider on ATV killed by cable over roadway – $1,000,000 Settlement

The 19-year-old decedent was riding an all-terrain vehicle when he encountered a wire cable that the Loudoun County Sanitation Authority had strung across a gravel roadway. Decedent apparently did not see the cable, struck it and died. The gravel road led to a sewer facility used by the defendant, which maintained that the cable was […]

Dec 10, 2010

Traffic Offenses – DUI – ‘Highway’ – Public Access

Based on an aerial photograph and detailed description of the parking lot with through access, open to the public, the area where defendant was operating his motor vehicle was a “highway” under Virginia law, and defendant can be convicted of DUI, says a Loudoun County Circuit Court. Defendant contends the area where he was seen […]

Nov 15, 2010

Water, water everywhere, and double rates are OK

With its approval of a town’s decision to double the rate it charges for water and sewer service that goes beyond the town’s borders, the Supreme Court of Virginia may have set the stage for legislators to revisit the issue next year. A state senator from Leesburg says he’s concerned about the effect of the […]

Oct 29, 2010

Negligence – Settlement – Apparent Authority – Disbarred Lawyer

Where there is no record evidence plaintiff had knowledge of, participated in, assisted with or condoned the settlement negotiations conducted by his attorney of his personal injury claim, a Loudoun Circuit Court will set aside the settlement and set the case for trial. Unbeknownst to plaintiff, Conrad settled the case with GEICO in March 2006. […]

Oct 4, 2010

Good Samaritan injured while assisting victim of traffic crash – $375,000 Settlement

Plaintiff, who was formerly an emergency medical technician, encountered a severe accident that happened only moments before on Fairfax County Route 28. He offered assistance to the trooper, who accepted and instructed plaintiff to care for the barely conscious victim. Vehicle damage was so bad that the plaintiff could only get halfway into the victim’s […]

Sep 10, 2010

Paying the water bill: Case highlights disparities

Water wars are being waged in Virginia localities, and the Supreme Court of Virginia is poised to dip a toe into the murky depths. Residents of Virginia counties often pay more for water and sewer service than do the residents of towns and cities that provide the service. It’s a big issue for cash-strapped local […]

Jun 28, 2010

Domestic Relations – PSA Enforcement – Retirement Pension

A couple’s 1988 property settlement agreement is interpreted by a Loudoun County Circuit Court to provide wife only with a share of husband’s earned pension benefits acquired as a result of his employment with the Fairfax County’s Educational Employees Supplemental Retirement System in effect at the time, due to her upon his retirement, and not […]

Jun 28, 2010

Criminal – Habeas Corpus – Ineffective Assistance

Although petitioner’s Virginia lawyer provided constitutionally deficient counsel when he misrepresented New Jersey law by telling petitioner that “New Jersey can’t use [her] Virginia case against” her in New Jersey, and petitioner has shown the necessary prejudice under Strickland v. Washington, a Loudoun County Circuit Court nevertheless denies her habeas petition as moot. Petitioner inq[...]

May 4, 2010

Criminal – Custodial Interrogation – Airport Customs

A defendant was not in custody for Fourth Amendment purposes because a reasonable person returning to the U.S. through customs would have perceived the restriction attendant to questioning by the federal officers to be unlike the restraint imposed by a formal arrest, and a Loudoun County Circuit Court denies defendant’s motion to suppress statements he […]