Free Newsletter
No recovery for tire explosion injury
An insurer is not liable for a truck driver’s injuries caused by a tire that exploded while the insured party was repairing it because insurance policy unambiguously excluded claims arising from the maintenance of any “auto.” Overview Smith, a truck driver, needed a tire on his tractor-trailer repaired or replaced and sought to have Doswell […]
Any hearsay error was harmless in arson case
Defendant’s arson conviction is affirmed despite his argument that admission of a witness’s written report to a fire marshal was inadmissible hearsay. Any error was harmless in light of the other evidence presented at trial. Background Vaught, a Marine stationed at Quantico, owed more on his Hummer vehicle than what he could get on a […]
Evidentiary error requires new trial on damages
The circuit court erred by allowing an assault victim to present evidence that as a result of an altercation with his attackers, he was arrested, had to post bail, hire an attorney to defend him on the resulting charges and was evicted from his apartment. This case is remanded for a new trial limited to […]
Felon’s ammo possession conviction is upheld
The Court of Appeals correctly determined there was sufficient evidence to find that defendant, a convicted felon, violated Code § 18.2-308.2(A) by constructively possessing shotgun shells found in his pickup truck. Overview Police officers searched appellant Hodnett’s residence and found a loaded rifle in the closet of a bedroom that Robertson occupied. Robertson explained he […]
Court correctly refused to excuse venire members
Where plaintiff challenges a verdict for the defense in this medical malpractice case on the basis that the court should have excused two venire members for cause, the verdict is upheld because both venire members ultimately harbored no bias and were willing to follow the court’s instructions. First venire member Leone has a nursing license […]
Missing record number in joint appeal is not defect
Where the proceedings for defendant’s plea-based convictions of new crimes and his probation revocation had separate record numbers, his failure to list both numbers in his joint appeal was not a jurisdictional defect that justified dismissing the non-listed case. Background While on probation, Bryant pleaded guilty to several crimes. As a result of these new […]
JDR court had jurisdiction to modify support award
Where the juvenile and domestic relations court denied appellant’s request to modify a child support order and he appealed to the circuit court but later withdrew it, the JDR court did not lose jurisdiction to modify the support order. Even though the circuit court’s order noting that the appeal was withdrawn did not expressly remand […]
Late habeas corpus petition dismissed
The statute of limitations governing habeas corpus petitions does not violate the Virginia Constitution’s Suspension Clause. Background Petitioner Brown seeks habeas relief from his 1970 murder conviction and the resulting life sentence. In 2016, Brown filed his habeas petition along with a petition for a writ of actual innocence based on biological evidence. The actual […]
Appellant properly required to register as violent sex offender
Where appellant’s Idaho conviction of sexually abusing a child under the age of 16 required him to annually register as a sex offender in that state, he was properly required, based on Code § 9.1-902(F)(ii), to register as a sexually violent offender in Virginia after he moved here. Appellant’s conviction for failing to timely reregister […]
Order confirming just compensation award was final for appeal purposes
The 30-day period in which to appeal a jury’s just compensation award in this condemnation case began to run when the circuit court entered its order confirming the award. The confirmation order is the final order in the case under Code § 25.1-239. The fact that the order stated “the [c]ourt shall retain jurisdiction” over […]
Harmless error ruling not challenged, conviction upheld
Where a police officer, after fatally wounding a shoplifting suspect, told a store loss-prevention officer, “I need you as a witness. It’s my second one[,]” his voluntary manslaughter conviction is affirmed because he did not challenge the Court of Appeals’ ruling that any error in admitting the statement was harmless. Overview Rankin, a police officer, […]
Counsel’s failure to appear due to illness warranted continuance
Where the circuit court sua sponte dismissed plaintiff’s personal injury case with prejudice after counsel informed the court and opposing counsel that he was too ill to appear for trial, the court abused its discretion by denying plaintiff’s motion for reconsideration after counsel provided additional details about his illness Facts Seeraj-Montague filed a personal injury […]
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
