Where plaintiff alleges she was injured in a chain reaction collision caused by defendant deputy’s negligence while driving to serve legal papers, defendant’s plea in bar based on sovereign immunity is denied. Defendant’s driving between locations to serve papers was ...

Tagged with: Fairfax Circuit Court Judge Brett A. Kassabian Negligence Virginia Circuit Courts

Where plaintiff claims a hospital negligently granted a doctor hospital privileges and “failed to properly evaluate his credentials on an ongoing basis,” the hospital’s demurer, based on plaintiff’s failure to state a valid cause of action under Virginia law is ...

Tagged with: Chesapeake Circuit Court Judge Marjorie A. Taylor Arrington Medical Malpractice Virginia Circuit Courts

Where the commonwealth has declined to prosecute defendant for the misdemeanor offense of driving without an ignition interlock system, this court must dismiss the charge. Overview Defendant was charged in the general district court. The commonwealth declined to prosecute. Defendant ...

Tagged with: Criminal Fairfax Circuit Court Judge Richard E. Gardiner Virginia Circuit Courts

Where an elderly patient died after contracting COVID-19 in defendant hospital’s senior care facility, her estate’s claim is a medical malpractice case. Defendant’s motion to dismiss for lack of expert certification is granted. Background Goodwin, an 81-year-old woman, was a ...

Tagged with: Judge Gary A. Mills Medical Malpractice Newport News Circuit Court Virginia Circuit Courts

Defendant’s motion for a protective order, which would allow separate but simultaneous recordings of a deposition, is denied. Only one a-v “Section (d)(1) of Rule 4:7A states, ‘Any deposition may be recorded by audio-visual means without a stenographic record. The ...

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

Where a pharmaceutical company sued a newspaper for claims arising from an article about COVID-19 home testing, the newspaper’s demurrer to defamation claims is overruled. Demurrers to claims against the paper’s executives in their personal capacity the paper’s parent companies ...

Tagged with: Civil Practice Fairfax Circuit Court Judge Robert J. Smith Virginia Circuit Courts

A Chesapeake judge ruled last month that a hospital owes a duty to ensure the competence of professionals who are allowed to practice at the hospital. Chesapeake Circuit Judge Marjorie A. Taylor Arrington built her decision on a body of law from previous Virginia circuit court ...

Tagged with: Judge Marjorie A. Taylor Arrington Negligence Virginia Circuit Courts

Even though one of defendant landlord’s employees reported to other employees that he saw plaintiff tenant sitting in his apartment bathroom “‘not very alert’ and potentially ‘ill,’” there was no duty to check on plaintiff’s welfare. As a result, the ...

Tagged with: Arlington County Circuit Court Judge Daniel Fiore II Negligence Virginia Circuit Courts

Defendant’s statements to the press about plaintiff’s legal advice to the Portsmouth City Council lacked the necessary sting to support his defamation suit. Background Plaintiff is Portsmouth’s former city attorney. Defendant is the former mayor. Plaintiff’s complaint alleges that after ...

Tagged with: Judge Everett A. Martin Jr. Norfolk City Circuit Court Tort Virginia Circuit Courts

A police officer’s affidavit provided probable cause to issue a search warrant even though the affidavit stated that the officer would execute it when he knew defendant had drugs for sale. Waiting to resupply Defendant Paige is charged with possession ...

Tagged with: Arlington County Circuit Court Criminal Judge Daniel Fiore II Virginia Circuit Courts