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Evidence supported competency determination
The circuit court was not bound by a doctor’s determination made in November 2020 that appellant was “unrestorably incompetent” to stand trial where the same doctor had earlier found him competent. Overview Appellant Stewart was convicted of possessing with intent to distribute a Schedule I or II substance (third or subsequent offense, two counts), possessing […]
Appellees had power to remove business manager
The trial court’s ruling that two members of an LLC had the necessary voting power to remove a third member as manager is affirmed. Background Rajeeva and Poonam Agarwal founded a business that became 3T Federal. Yadav, a disabled veteran, became a member in 2005. In 2008, Rajeeva Agrawal held a 49 percent interest. Yadav […]
No continuance after witnesses failed to appear
Where the circuit court terminated father’s parental rights after accepting his proffer of the testimony several subpoenaed witnesses would have provided had they attended trial, the court correctly denied father’s motion for a continuance. Missing witnesses The city of Roanoke’s social services department sought to terminate father’s parental rights to two of his children. “Before [&hel[...]
No actual or constructive eviction in warranty case
Where appellant argued that a defect in the title to certain property amounted to an eviction, which would permit a suit for breach of a general warranty against the seller, the trial court correctly ruled there was no actual or constructive eviction. Overview Watan purchased property from the Blankenships and received a general warranty deed. […]
Personal injury action properly dismissed
Where the circuit court dismissed plaintiff’s refiled suit on the basis of the statute of limitations, there was no error. Overview “Debra K. Clutteur appeals the circuit court’s dismissal of her personal injury action commenced — and recommenced after a nonsuit — against a deceased defendant, Nancy C. Rosier, and defended by an insurer acting […]
Lack of interpreter did not taint waiver of rights
Where appellant sought to suppress post-arrest statements made during a police interview because he was not provided with a Spanish-speaking interpreter, the trial court properly denied the motion. “The record supports the trial court’s factual finding that the appellant had a ‘sufficient command of the English language’ to render him able to waive his rights […]
Defendant’s absence from med-mal trial not prejudicial
Appellant women’s clinic did not show that a defendant’s absence from a medical malpractice trial created sufficient prejudice to warrant a mistrial. The clinic’s “argument ignores the impact of the circuit court’s repeated instructions to the jury not to ‘make any assumptions or draw any inference due to [the defendant’s] absence.’” The circuit court correctly […]
Statements properly admitted under Dead Man’s Statute
Where plaintiff’s decedent fell and later died from his injuries after he leaned on an unlocked ultrasound stretcher at appellant hospital, hearsay evidence of the decedent’s explanations of how the fall occurred was properly admitted under Virginia’s Dead Man’s Statute. The incident The decedent, Fr. Rogakos, was an 86-year-old Greek Orthodox priest who had trouble […]
Litigant did not violate trust’s no-contest clauses
Where a trust beneficiary pleaded that the circuit court should first determine whether his action would violate a trust’s no-contest provisions and, if the court found that the action did not violate them, it should then reach the merits of his claim, this was an “alternative pleading model” approved by prior precedent. The trial court […]
‘Unamendable’: Expired filing deadline bars personal injury claim
A trial judge made no error dismissing a plaintiff’s refiled personal injury action against a deceased defendant who was represented by an insurer acting in her name, the Court of Appeals of Virginia ruled.
Writ of possession wrongly granted
A circuit court improperly granted a writ of possession to the U.S. Secretary of the Department of Veterans’ Affairs despite the defaulted borrower’s challenge to valid title based on her allegations of constructive fraud, the Court of Appeals of Virginia has held.
Reasonable defense warranted withdrawal of child neglect plea
A circuit court improperly refused to allow a mother to withdraw her no contest plea to felony child neglect after her prior counsel failed to inform her that lack of intent was a reasonable affirmative defense, the Court of Appeals of Virginia held.
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
