Where plaintiff seeks additur or a new trial on damages after the jury awarded him nothing for future pain and suffering despite awarding him $500,000 for past lost earnings, future lost earning and past pain and suffering, the motion is ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Personal Injury Virginia Circuit Courts

Where plaintiff alleges that defendant trucking company breached a contract by dumping excessive amounts of dirt on her property, the trucking company’s owner cannot be held personally liable for damages. Further, under the “source of duty” rule, plaintiff cannot maintain ...

Tagged with: Contract Fairfax County Circuit Court Judge John M. Tran Virginia Circuit Courts

Where wife filed a “salacious” divorce complaint, which she nonsuited after it was revealed the parties were already litigating a Florida divorce and custody action, husband’s motion to seal the record is granted in part. Overview Although the parties had ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where plaintiffs’ complaint against individual defendants in this adoption case arises from the Shenandoah County Department of Social Services alleged failure to share all relevant information about the child with the adoptive parents, the court sustains the demurrers of two ...

Tagged with: Family Law Judge William F. Sharp Virginia Circuit Courts Winchester Circuit Court

Where the Virginia Housing Development Authority obtained a district court detainer order that granted it possession of a house plaintiff was living in, plaintiff has pleaded insufficient facts to show the order was obtained by extrinsic fraud. The VHDA’s plea ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Circuit Courts

Transurban, which administers the electronic collection of tolls, proved beyond a reasonable doubt that it could not collect tolls from defendant Barnett on five occasions. Barnett’s challenge to five summonses issued as a result, based on the inference that she ...

Tagged with: Criminal Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where plaintiff has sued defendant, his ex-wife, for malicious prosecution arising from five criminal warrants she swore out against him for trespass, and for a protective order issued against him, her demurrer is sustained. Plaintiff bases his complaint on defendant’s ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Virginia Circuit Courts

Where plaintiffs sued for return of their deposits paid for property and construction of a home, the court finds defendants did not violate the Virginia Consumer Protection Act, and were not unjustly enriched by retaining plaintiffs’ deposits. To prove fraud ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Grace Burke Carroll Virginia Circuit Courts

Plaintiff, an injured seaman, is entitled to maintenance payments – compensation for food and lodging – even though his employer did not provide room and board as part of his employment. As a result, the employer is not entitled to ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Personal Injury Virginia Circuit Courts

Plaintiffs’ claim of a prescriptive easement to use defendants’ road survives demurrer because the complaint alleges exclusive and continuous use, from which plaintiffs’ use under claim of right is presumed. Because plaintiffs have stated a claim, they can seek permanent ...

Tagged with: Judge Fredrick A. Rowlett Real Estate Virginia Circuit Courts Washington County Circuit Court