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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 […]
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[...]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
