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Tag Archives: Supreme Court of Virginia

SCV: Speculation on decedent’s reasoning inadmissible (access required)

The daughter and sister of a woman who died due to surgery complications lacked personal knowledge as to whether their mother knew of alternatives to surgery or whether she would have elected such alternatives had she known. Background In 2011, ...

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SCV: Ruling in pending action no basis for res judicata (access required)

A circuit court’s decision was not grounds for res judicata in a separate action, when the earlier matter remained pending on the court’s docket and contained no other language indicating it was a final decision on the merits. Background In ...

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SCV: Expert testimony didn’t show causation in med-mal suit (access required)

The plaintiff’s medical expert, who was preferred only to opine on the standard of care in performing a hysterectomy, could not present testimony on whether and how the patient’s outcome would have been different had the defendant called for a ...

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SCV: Sanctions order after 21-day period void (access required)

The high court voided a sanctions order entered more than 21 days after the circuit court’s final order granting the defendant’s demurrer and dismissing the complaint. Appellant Timothy M. Barrett filed a complaint against Appellee Valerie Jill Rhudy Minor challenging ...

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SCV: Affirmative defense triggers indemnity clause (access required)

By asserting that a contractor’s employee’s own fault contributed to her slip-and-fall, Appellant Dominion Nuclear Connecticut triggered its indemnity agreement with the contractor, Appellee Securitas Security Services USA, the high court held. Jennifer Brandenburg, a Securitas employee, allegedly slipped and ...

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Fee, cost obligations defeat mootness dismissal (access required)

The sole question presented is whether the court of appeals erred in dismissing Appellant Dorothy Elizabeth Cilwa’s appeal from a judgment in the circuit court. After a long history of larceny arrests, substance-abuse counseling, and probation extensions, Cilwa’s probation officer ...

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