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Tag Archives: Virginia Beach Circuit Court

Wheelchair-bound elderly woman dies after fall in memory care center — $439,803.75 verdict (access required)

Type of action: Assisted living facility negligence Injuries alleged: Wrongful death Name of case: Maureen Mike, Adm. of the Estate of Joan Condon, deceased v. Our Lady of Perpetual Help Health Center, Inc. Court: Virginia Beach Circuit Court Case no.: ...

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No certification of fact statement for appeal (access required)

Where the court sustained defendants’ demurrer to plaintiffs’ complaint, which alleged that portions of COVID-related executive orders are unconstitutional, plaintiffs’ proposed statement of facts submitted after their notice of appeal is defective and cannot be certified. The court issues a ...

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Verdict reached in case resulting in police shooting, wrongful death — $1M verdict (access required)

Type of action: Wrongful death; police shooting Injuries alleged: Death Name of case: Tyree v. Colas Court: Virginia Beach Circuit Court Case no.: CL19-6418 Tried before: Jury Name of judge or mediator: Judge Kevin M. Duffan Date resolved: 9/30/2021 Verdict ...

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Corporate officers are not employers in unpaid wage case (access required)

A corporation’s president and its chair of the board are not “employers” for purposes of plaintiffs’ claim for unpaid wages under Code § 40.1-29(J). Overview Defendant Christian Psychotherapy Services employed Cornell and Sparks as clinical psychologists. CPS was a family ...

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Ophthalmology practice found not negligent in post-op treatment — Defense verdict (access required)

Type of action: Medical malpractice Injuries alleged: Permanent corneal scarring, permanent visual deficiencies Name of case: Hartranft v. Anonymous Ophthalmology Practice Court: Virginia Beach Circuit Court Tried before: Jury Name of judge or mediator: Judge James C. Lewis Date resolved: ...

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Bridge and tunnel district immune from tort claim (access required)

Where a truck driver died from hypothermia and drowning in Chesapeake Bay after the tractor-trailer he was driving went through a guardrail, sovereign immunity bars claims by the driver’s estate against the Chesapeake Bay Bridge and Tunnel (CBBT) District. Overview ...

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Tobacco products in plain view no basis for car search (access required)

Even though police saw tobacco products in plain view after stopping a vehicle, in which all occupants were too young to legally possess tobacco products, this did not justify a vehicle search. Defendant’s motion to suppress cocaine found during the ...

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Handwritten document treated as decedent’s will (access required)

Petitioners have established by clear and convincing evidence that the decedent intended an unwitnessed  document handwritten by another but signed by the decedent to constitute her will. Background About a month before she died, Watkins, the decedent, signed a document ...

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Man recovers after collision with uninsured driver – $512,947, plus interest, verdict (access required)

A 43-year-old Virginia Beach resident was injured when his personal truck was struck on the interstate by an uninsured driver who lost control entering the highway and T-boned the plaintiff. Plaintiff’s truck spun and hit the jersey wall multiple times, ...

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Lawyer sued over laser treatment, defendants prevail – Defense verdict (access required)

Plaintiff, a lawyer, alleged that defendants negligently failed to advise her of all of the risks and potential complications of a cosmetic laser procedure. Plaintiff claimed that defendants disregarded contraindications to the procedure; as a result, plaintiff suffered permanent scarring, ...

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