Loudoun County Circuit Court

Aug 27, 2018

Va. Cir.: Special warranty conveyance preserves interest in condos

A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of the special warranty it included in each conveyance. Background Petitioner Leesburg Building Partners LLC seeks […]

May 8, 2018

Va. Cir.: Discoverable info includes entire care history

The estate of a nursing-home patient who fell and broke her hip, allegedly due to inadequate care, was entitled to broad discovery of the facility’s patient care records, personnel files, and financial information. Background This is a negligence case brought by the Executor of Miriam Hirsch’s Estate, in which Miriam suffered a hip fracture when […]

Mar 26, 2018

Company held responsible for rep’s accident – $700,000 Verdict

This was a personal injury action arising from a motor vehicle collision that occurred in April 2015 in Loudoun County. At the time of the collision, a marketing representative from Polyface Inc. was on a two-day business trip from Central Virginia to multiple businesses in the Northern Virginia/Washington, D.C. area for the purpose of delivering […]

Aug 14, 2017

Jury View of Intersection Denied in Manslaughter Case

In defendant’s prosecution for involuntary manslaughter and related charges in the death of a child in a stroller and injury to his mother when defendant’s vehicle struck them at an intersection, the Loudoun County Circuit Court denies the commonwealth’s motion for the jury to view the scene of the accident. Jury views of crime scenes […]

Jun 19, 2017

Girl’s claim against health club for injury in tractor tire fails – Defense Verdict

Plaintiff, a 6-year-old girl, sued a national health club facility for injuries allegedly suffered after she fell from a tractor tire maintained on the facility’s turf field. During early evening hours while waiting for a swim lesson, plaintiff, her younger brother, and plaintiff ’s mother were running on the outdoor turf field of defendant’s facility. […]

May 10, 2017

Tournament ban is fair play for golf prodigy

A Virginia custody case drew national attention when a Loudoun County judge said a 10-year-old golf “phenom” should take a year-long break from competition. Last month, the Court of Appeals of Virginia upheld that restriction, as well as a ban on the father’s attendance at his daughter’s gymnastics practices. Lawyers familiar with the case say […]

Apr 10, 2017

‘A black box you wear’

Bicycles may be old technology, but the people who ride them are often sporting some of the latest electronic devices. In the case of one injured cyclist, his two performance monitoring gadgets helped turn a rejected personal injury claim into a solid recovery. The claim looked grim for bicycle rider Andrew Henle after he was […]

Oct 17, 2016

Owners Have VCPA, Fraud Claims Against Contractor

Owners who hired defendant contractor to build a recreational facility with a batting cage, swimming pool, exercise area and bathroom may sue the contractor for fraud in the inducement and violation of the Virginia Consumer Protection Act, based on allegations that the contractor misrepresented that it had been an established business since 1981, the project […]

Aug 1, 2016

Doctor sued over handling of post-surgery complications – Defense Verdict

The defendant doctor performed a robotic-assisted ventral hernia repair, without apparent complication. Five days post-op, the patient presented to the emergency department with complaints of nausea, vomiting, abdominal pain and bloating. A CT scan showed a small bowel obstruction, with possible early abscess. The defendant examined the patient and felt that the most likely diagnosis [&helli[...]

Jul 11, 2016

Bank signature rules limit choices for lawyers

Lawyers who do trusts and estates work may have to do some extra foot work these days to find a bank that will accept an account with co-executors or co-trustees. Driven towards higher levels of automation, many larger banks are rejecting two-signature accounts. A Leesburg lawyer says the trend is causing headaches. A banking industry […]

May 23, 2016

Nonresident Son Could Not Challenge Search

A defendant who did not live in the house belonging to his mother and her husband – who did not know he had gained access to and was hiding in their attic when police came to execute an arrest warrant for defendant – has no standing to challenge the officers’ entry and the Loudoun County […]

May 23, 2016

Stop Not Justified by Yellow- Line ‘Touching’

Although a police officer testified that defendant appeared to be driving over the posted speed limit when he first observed him at 3:00 a.m., the driver’s “isolated acts of slight drifting” to “touch” the yellow line twice over a one-mile distance were not sufficient to justify the traffic stop, and the Loudoun County Circuit Court […]