Quantcast

Tag Archives: Norfolk Circuit Court

Foreclosure dispute claims go forward (access required)

Where the Virginia Housing Development Authority was awarded possession of plaintiff’s property in a district court unlawful detainer action, the doctrines of collateral estoppel and res judicata do not bar plaintiff’s claim that the title is defective. The demurrers as ...

Read More »

Woman sued over issues with breast reconstruction – Defense Verdict (access required)

Plaintiff underwent a prophylactic bilateral mastectomy. She then underwent a two-stage breast reconstruction surgery using tissue expanders by the defendant plastic surgeon. Plaintiff alleged that the defendant failed to provide alternative surgical options, such as autologous-tissue reconstruction, and failed to ...

Read More »

Driver pulled over to change tire, then was struck by motorist – $1 Million Verdict (access required)

The plaintiff had a flat tire prior to the accident. He testified that he pulled over to the side of the road when a commercial vehicle came from behind and struck the back of the plaintiff’s car. The force of ...

Read More »

Termination claim relied on inapplicable regulations (access required)

A private health care provider’s demurrer to a public-policy wrongful termination claim is granted because the administrative regulations plaintiff relies upon apply only to state-operated facilities. Background Plaintiff Tomes was a regional manager for defendant Encompass, a licensed home healthcare ...

Read More »

Actual fraud claim survives demurrer (access required)

Where defendant did not reconvey property to plaintiff as agreed, plaintiff’s allegation that defendant never intended to do so sufficiently states a claim for actual fraud but not constructive fraud. Facts Plaintiff Gutterman purchased residential real estate for $93,500 without ...

Read More »

Estate of rail car serviceman exposed to asbestos net $1M verdict – $5 Million Verdict, reduced to $1 Million (access required)

Stephen Fowlkes worked at Norfolk Southern’s car repair shop at Lambert’s Point between 1979 and 1990, often servicing and changing out asbestos-containing brake shoes at the shop. He also claimed he was exposed to other asbestos products, including pipe insulation, ...

Read More »