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Court Excludes ‘Free Drink’ Evidence
A Norfolk Circuit Court grants defendant restaurant owner’s motion in limine to bar plaintiff from making any argument or implication that by serving “free drinks” to a co-defendant and his group, the movant violated Va. Code § 4.1-308. Defendant’s motion in limine related to proffered evidence that during the course of events which gave rise […]
FELA Suit Dismissed for Inconvenient Forum
A Norfolk Circuit Court dismisses on forum non conveniens grounds plaintiff administrator’s suit against defendant railroad company under the Federal Employers Liability Act, over a North Carolina employee’s death in North Carolina. Plaintiff chose to bring this FELA action in Norfolk Circuit Court, not in a federal district court. Plaintiff incorrectly points to the venue […]
Plaintiff Says Contract Promises Were Fraud
A plaintiff who alleges defendant never intended to honor a written Independent Contractor agreement and to employ and pay him for projects listed in the Agreement, has stated a claim for fraud, says a Norfolk Circuit Court. In the complaint filed March 12, 2015, plaintiff alleges defendant never intended to honor the promises made regarding […]
Defendant Faces Default for ‘Mistake’
Although a defendant served with process in Hong Kong admitted it made a “mistake” in failing to respond to plaintiff’s lawsuit because it was unfamiliar with the U.S. judicial system, the Norfolk Circuit Court enters a default judgment against defendant. Defendant raised the jurisdiction issue of the “first file rule” in its motion for reconsideration. […]
Punitives Claim Advances in ‘Negligent Repair’ Case
A Norfolk Circuit Court says a woman who was severely injured when the motorcycle on which she was a passenger went down and collided with the road surface has sufficiently pleaded a negligent repair claim against the contractor hired by the Virginia Department of Transportation to repair the roadway; the court also overrules the contractor’s […]
Manager Member Dissociated from LLC
A Norfolk Circuit Court upholds a commissioner’s decision rejecting certain claimed expenses by a manager of an LLC, reduces the amount the manager owes for utility bills and upholds the commissioner’s decision that defendant manager should be dissociated from the LLC. At a jury trial last summer in FGPRS v. Johnson [VLW 014-8-082], an action […]
Hotel Invitee Can’t Sue Elevator Company
A woman who alleges injuries from following a hotel employee’s directive to jump when a hotel elevator stopped between floors cannot sue the elevator maintenance company on contract claims; the Norfolk Circuit Court says the contract does not specifically intend to benefit plaintiff or other hotel invitees. Plaintiff may have alleged a breach of contract […]
Creditor Can Collect Against PLLC Interest
A Norfolk Circuit Court says Va. Code § 13.1-1041.1 allows it to enter a charging order against a member of an accounting professional limited liability company on behalf of a creditor who is not a member of the PLLC. Under the Virginia Code, a PLLC is defined as a limited liability company whose articles of […]
Board Demands Wetlands Mowing Permit
Property owners who are challenging the Norfolk Wetlands Board’s recent demand that they obtain a permit in order to continue mowing vegetated wetlands on their property cannot have the court determine the wetlands boundaries on their property, and the Norfolk Circuit Court says the parties will have to try other issues in the case. The […]
Accident victim filed bad faith motion against UIM carrier – $800,000 Verdict
Plaintiff sustained a mild traumatic brain injury in an automobile collision. Defendant admitted liability and the case was tried on damages only. The plaintiff had irritability and balance problems post-accident, which her expert physician opined was permanent. The defense expert doctor testified that the plaintiff recovered within one year and showed no injuries when he […]
Va. Court Has Jurisdiction in Custody Case
A Norfolk Circuit Court grants a father’s motion for Virginia to assume jurisdiction to hear child custody matters in this litigation in which the children lived in Virginia within six months before the father filed for divorce in Virginia, after wife moved to Mississippi and before she filed for divorce in Mississippi. Upon careful review […]
No Injury From Second Collision
A plaintiff who described in detail his vehicle being struck by a vehicle towing a trailer that suddenly turned into plaintiff’s lane, but who said he barely felt a second vehicle slide into the rear of his car, cannot sue the second driver for his injuries as his testimony establishes the first collision was the […]
Verdicts & Settlements
- 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
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
