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Tag Archives: Norfolk Circuit Court

The cost of smoking (access required)

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A Norfolk Circuit Court jury returned a $5 million asbestos verdict for the family of a deceased railroad employee, but cut the verdict to $1 million based on the employee’s smoking habit. The reduction was possible under rules for railroad ...

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Rescission is available remedy to wrongful foreclosure claim (access required)

Where the Virginia Housing Development Authority bought plaintiff’s home at a foreclosure sale, he has stated a rescission claim by alleging the VHDA knew or should have known of an alleged deed of trust violation when it bought the home. ...

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Drunken driver killed off-duty cop – Settlement of Policy Limits plus $14,500 (access required)

On July 22, 2017, the plaintiff, a 45-year-old off-duty police officer, and two friends rode their bicycles to a nearby bar and grill for dinner and drinks. At approximately 10:45 p.m., they headed home walking with their bicycles, crossing Cedar ...

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In-court ID not tainted by suppressed at-scene ID (access required)

Even though the court has suppressed a victim’s identification of defendant at the crime scene, the victim’s subsequent in-court identification had an independent basis and is admissible. Further, there was probable cause to arrest defendant even without the show-up identification. ...

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Mechanic suffered hurt hand, leg in car wreck – $750,000 Settlement (access required)

This case arose out of a typical two-car collision as the defendant driver turned left through an intersection where the plaintiff had a solid green light for some distance. The defendant was operating a van for a medical oxygen company ...

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Mediation was condition precedent for contract suit (access required)

Where the parties’ real estate purchase agreement provided that disputes must first be mediated, and that traditional litigation could commence if mediation was unsuccessful, plaintiffs’ suit on the contract must be dismissed because mediation never took place. This is so ...

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Economic loss doctrine no bar to caregiver’s injury claim (access required)

The economic loss doctrine does nor bar a contractual caregiver’s personal injury claim arising from a patient’s attack where the complaint alleges the patient’s wife, who hired the caregiver, did not warn her of her husband’s behavioral issues. Background Rosa ...

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