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Salem Circuit Court

Mar 15, 2010

Municipal – Playground Equipment – Warranty Claims

A Salem Circuit Court grants the city’s demurrer to plaintiff’s negligence and warranty claims based on plaintiff’s allegations of injury from the city’s purchase and installation of defective playground equipment in a public city park. The city demurrer claims immunity pursuant to Va. Code § 15.2-2809, which limits the liability of a city or town […]

Mar 15, 2010

Traffic Offenses – Eluding Officer – Double Jeopardy – Continuing Offense

A defendant who sped through Roanoke County and Salem City to get away from police cannot be charged in both jurisdictions with felony eluding police; because he was acquitted of the charge in Roanoke County, the charge in Salem likewise must be dismissed, according to the Salem Circuit Court. Defendant was arrested after police located […]

Jan 11, 2010

Domestic Relations – Reconciliation – Parties’ Intent

Although husband acknowledged he had “accidental sex” with wife after the parties separated in May 2007 and entered into a post-nuptial agreement, a Salem Circuit Court says the parties did not reconcile because the evidence does not show an intent to live together and undertake a “fresh start.” Husband testified he did not intent to […]

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