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Norfolk Circuit Court

Dec 18, 2017

Freedom of Information Act – Affidavit of Good Cause – Violations – Declaratory Relief – Recovery of Costs

Hurst v. City of Norfolk (VLW No. 017-8-108, 17pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-11119. Holding: Where the plaintiff-petitioner failed to submit an affidavit of good cause supporting his petition for relief regarding his two requests under the Freedom of Information Act (FOIA), the defendant-city did not object within seven days after the petition […]

Dec 18, 2017

Jurisdiction – Waiver of Sovereign Immunity – Court-Issued Process

McGhee v. Virginia Department of Motor Vehicles (VLW No. 017-8-109, 7pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-5454. Holding: Where the plaintiff-uninsured filed a petition appealing a defendant-department of motor vehicle (DMV) hearing officer’s decision and requested formal service on the hearing officer but the service was not accomplished, the procedural requirements to overcome sove[...]

Dec 18, 2017

Will – Interpretation of Provision

Midgett v. O’Brien (VLW No. 017-8-110, 9pp.) (Lannetti, J.) Norfolk Cir.Ct. Case No. CL17-4956. Holding: Where the plaintiff-son and defendant-daughter dispute the terms of their mother’s will regarding a provision allowing the son to purchase his sisters’ shares of a corporation, the deceased’s intent was not to require her son to pay more for the […]

Oct 23, 2017

Sovereign Immunity – Third-Party Claims

Pridemore v. Hryniewich (VLW No. 017-8-091, 7 pp.) (Lannetti, J.) Norfolk Cir. Ct. Holding:  Plaintiff employee of third-party defendant boat repair company sued defendant city for injuries sustained as a result of the capsizing of a boat being test-driven by a city employee. The city impleaded the repair company and boat manufacturer and moved to […]

Oct 13, 2017

Dismissal Based on Sovereign Immunity – Third-Party Claim Not Derivative

Glover v. Hryniewich and the City of Norfolk, Virginia v. Willard Marine, Inc. and SAFE Boats International, LLC (VLW No. 017-8-090, 7 pp.) (Lannetti, J.) CL16-3262-00/01/02/03 Holding: Where the complaint against defendant and third-party plaintiff-city was dismissed based on immunity and the city’s third-party complaint may only be brought against a nonparty who ‘may be […]

Sep 21, 2017

Judge blocks arbitration in nursing home case

Plaintiffs have scored another win in the battle over nursing home arbitration contracts. In the most recent trial court ruling, a Norfolk judge denied a rehabilitation facility’s bid to arbitrate – not just the underlying medical claim – but also the application of the arbitration contract itself. Circuit Judge Junius P. Fulton III applied a […]

Aug 25, 2017

Partial Immunity in Police Maritime Accident

The city of Norfolk has sovereign immunity in this suit filed by a plaintiff who was injured when a Norfolk police officer was test-driving a repaired police boat that capsized and injured two repair company employees, who are suing the city and the officer-pilot in this maritime personal injury suit; the officer-pilot has qualified immunity […]

Aug 25, 2017

Court OKs Minority Owner’s Pay, Distributions

A family business that operated a miniature golf course in Virginia Beach and whose majority owner died, cannot recoup “excessive compensation” paid to the minority owner, decedent’s son, who operated the business, says a Virginia Beach Circuit Court. The executor of the estate of the majority owner alleges the son misused his authority as a […]

Aug 21, 2017

Body Camera Evidence Is ‘Excited Utterance’

At defendant’s trial for assault against a family member, third or subsequent offense, the Norfolk Circuit Court will admit as “excited utterances” the victim’s 911 call recording and statements captured by a police officer’s body camera when police arrived, as well as video of defendant’s conduct at that time and statements he made while in […]

Aug 21, 2017

Trespass Claims Barred by Earlier Suit

Landowners suing VEPCO and T-Mobile for trespass, unjust enrichment and ejectment for installation of cellular telephone equipment, property damage and overburdening of VEPCO’s easement cannot pursue most of their claims, says a Norfolk Circuit Court, as the claims are barred by res judicata based on the court’s rulings in their 2014 condemnation action against the […]

Aug 21, 2017

Plaintiff’s Damages Experts Challenged

In this personal injury suit, a Norfolk Circuit Court will exclude testimony from one of plaintiff’s nine expert witnesses proffered on the “last possible day” of the court’s scheduling order, but will allow testimony from plaintiff’s other five experts on damages. Plaintiff gave defendant all nine of his expert witness designations on the last possible […]

Aug 4, 2017

Payment Application Exhibit Supports Contract Win

In this dispute over payments under a construction contract, defendant waited too long to object to admission of a Payment Application listed as one of plaintiff’s trial exhibits and admitted into evidence, and the Norfolk Circuit Court denies defendant’s motion to vacate orders that granted judgment to plaintiff based on the sum set forth in […]

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