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Tag Archives: Norfolk Circuit Court

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 ...

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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 ...

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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 ...

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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, ...

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Speedy trial delay excused based on attorney’s proffer (access required)

Where a judge granted a continuance because a material witness’s medical condition prevented him from attending trial, proof of the condition is not required to excuse the delay for speedy trial purposes. A proffer from the commonwealth’s attorney that the ...

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