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Tag Archives: Norfolk Circuit Court

Va. Cir.: Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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Va. Cir.: Wrong burial plot purchase caused by mistake, not fraud (access required)

Although the Virginia Consumer Protection Act covers interment rights, a plaintiff suing a cemetery owner failed to offer evidence of the misrepresentation needed to prove her claim. She said she asked for plots right next to her parents’ plots, but ...

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Va. Cir.: Fear of termination not good cause to resign (access required)

An employee with a felony record was not discharged when his employer announced that employees would be subject to background checks and let go if they were felons. Rather, he voluntarily terminated his own employment in anticipation of discharge and ...

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Va. Cir.: Gun seen from beyond “path of consent” will be suppressed (access required)

While officers had the defendant’s explicit consent to search specific rooms in his house and implied consent to take a path leading to those rooms, his firearm was seen only after an officer deviated from that path. Thus, it exceeded ...

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Implant reconstruction results in loss of breast – Defense Verdict (access required)

Marcie Laumann, age 46 and a lifelong diabetic, underwent bilateral mastectomy with implant reconstruction in August 2015 for breast cancer. Because of her diabetes and poorly controlled blood glucose, her breast wounds healed slowly. In fact, her right breast never ...

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Va. Cir.: Wife didn’t misrepresent intent to stay married (access required)

A wife was entitled to enforce a marital agreement’s division of assets in the event of divorce. The evidence did not support her husband’s claim that she fraudulently induced him to sign the agreement by misrepresenting her intention to continue ...

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Man in bucket truck hurt in wreck with tractor-trailer – $400,000 Settlement (access required)

Plaintiff, a Hampton Roads city employee, was operating a large bucket truck maintaining road signs in a sequence with two other city large vehicles. Large signal arrows and flashers visually lit up when he was struck from behind. Defendant, a ...

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Woman hurt in fall sued on-call doctor – Defense Verdict (access required)

This lawsuit was brought by a patient who presented to the emergency department at Sentara Obici on April 28, 2013, after tripping and falling face first on brick stairs, without anything to brace her fall. A CT Scan was ordered ...

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