Tag Archives: Virginia Circuit Courts

Sovereign immunity denied to deputy in car crash case (access required)

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 ...

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Claim recognized for negligent credentialing (access required)

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 ...

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Case dismissed because commonwealth won’t prosecute (access required)

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 ...

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Motion for dual recording of deposition denied (access required)

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 ...

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Defamation claims related to COVID-19 tests go forward (access required)

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 ...

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Judge rules negligent credentialing claim allowed (access required)

Hospital floor

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 ...

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Landlord had no duty to check on tenant’s welfare (access required)

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 ...

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Comments about lawyer’s advice lacked defamatory sting (access required)

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 ...

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Probable cause supported search warrant for drugs (access required)

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 ...

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