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Virginia Death Law
 
United States of America v. Youssef Hafez Abdelbary

Youssef Abdelbary appeals a district court order requiring him to pay restitution as part of his sentence for bankruptcy fraud. Finding no error, we affirm.

I.

Abdelbary was convicted of wire fraud, money laundering, currency structuring, bankruptcy fraud, and perjury. This is the second appeal in this case, and many of the facts relevant to this appeal are set out in our first decis... More...
   $0 (03-11-2014 - VA)

United States of America v. Ahmed Muse Salad, Abukar Osman Beyle and Shani Nurani Shiekh Abrar

The United States of America charged Ahmed Muse Salad, Abukar Osman Beyle and Shani Nurani Shiekh Abrarpiracy under the law of nations in violation of 18 U.S.C. 1651; conspiracy to commit kidnapping in violation of 18 U.S.C. 1201; Use, carry, possess and discharge a firearm during and in relation to and in furtherance of the commission of a crime of violence in violation of 18 U.S.C. 924; Conspira... More...   $0 (08-03-2013 - VA)

Westmoreland Coal Company v. Jarrell D. Cochran

Westmoreland Coal Company, Inc. challenges an Administrative Law Judge’s (“ALJ”) decision, affirmed by the Benefits Review Board (the “Board”), to award black lung benefits to Westmoreland’s former employee, Jarrell Cochran. Because the award of benefits is supported by the record and accords with applicable law, we must deny Westmoreland’s petition for review.

I.

The B... More...
   $0 (06-04-2013 - VA)

William Scott MacDonald v. Tim Moose

In 2005, William Scott MacDonald was convicted after a bench trial in the Circuit Court of the City of Colonial Heights, Virginia, of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth’s criminal solicitation statute, found in section 18.2-29. The criminal so... More...   $0 (03-13-2013 - VA)

Scott Andochick, M.D. v. Ronald Byrd

Scott Andochick brought this declaratory judgment action, asserting that ERISA preempted a state court order requiring him to turn over benefits received under ERISA retirement and life insurance plans owned by his deceased ex-wife, Erika Byrd. ERISA obligates a plan administrator to pay plan proceeds to the named beneficiary, here Andochick. The only question before us is whether ERISA prohibits ... More...   $0 (03-05-2013 - VA)

Travis Burns v. Gregory Joseph Gagnon

These companion appeals arise out of a personal-injury suit brought by a former Gloucester High School (GHS or school) student who was injured in a fight with another student on school grounds. On the morning of the fight, an assistant principal at the school received a report that the fight would occur sometime that day. He did not act on the report before the fight.

The injured student su... More...
   $0 (04-20-2012 - VA)

Lisa Laws v. CAlvin McIlroy, Jr.

In these appeals, we consider whether the Circuit Court of Buckingham County (the "circuit court") erred when it granted motions to dismiss filed by the individual defendant Calvin McIlroy, Jr. ("McIlroy"), the plea in bar filed by Government Employees Insurance Company ("GEICO"), and the motion to dismiss lodged by State Farm Mutual Automobile Insurance Company ("State Farm"), all relying on Code... More...   $0 (04-20-2012 - VA)

Thorpe v. Ted Bowling Construction

This is an appeal from an award of worker's compensation benefits. It presents a question concerning the statutory rules governing the determination of an employee's "average weekly wage."

Facts and Proceedings

The essential facts are undisputed. In 2006, Matthew Alson Thorpe was the owner of a self-storage facility and operated a side business called "Alson's Ornamental Iron" that i... More...
   $0 (05-04-2012 - VA)

David H. Dailey v. Janice M. Dailey

David H. Dailey (“husband”) contends that the trial court erred in holding that his retirement, and the share of that retirement that is being disbursed to his former wife, Janice M. Dailey (“wife”), did not constitute a basis to modify the husband’s spousal support obligation to wife. We agree with husband and, therefore, reverse and remand.

BACKGROUND

Husband and wife wer... More...
   $0 (03-06-2012 - VA)

Virgil L. Moore v. Virginia International Terminal

Virgil L. Moore (“Moore”) appeals the judgment of the Circuit Court of the City of Portsmouth sustaining the plea in bar filed by defendants Virginia International Terminals, Inc. (“VIT”) and Orion L. Parker (“Parker”). Determining that the circuit court erred in its ruling that the parties were statutory employees of the Virginia Port Authority (“VPA”) and therefore subject to the... More...   $0 (01-13-2012 - VA)

Matthew A. Galumbeck v. Joseph Lopez

Dr. Matthew A. Galumbeck and Plastic Surgery of Tidewater, P.C. appeal a judgment in favor of the plaintiff Joseph Lopez (“Lopez”), administrator of the estate of Maritess Q. Lopez (“Maritess”). Finding that the trial court did not err, we affirm the judgment.

BACKGROUND

On July 30, 2008, Maritess underwent outpatient surgery performed by Dr. Galumbeck. After the surgery, Ken... More...
   $0 (03-02-2012 - VA)

John Crane, Inc. v. Margaret Diane Hardick

Among the several issues we address in this appeal is whether the Circuit Court of the City of Newport News ("trial court") erred when it permitted the jury to award nonpecuniary damages in a wrongful death action of a Navy sailor for asbestos exposure that occurred both in territorial waters and on the high seas.

I. Facts and Proceedings Below

Robert Eugene Hardick ("Hardick") filed... More...
   $5977482 (03-02-2012 - va)

United States v. Shrader

Over the course of more than three decades, Thomas Creighton Shrader harassed and intimidated D.S. and later her husband R.S., causing them to fear for their safety and that of their children. He stands convicted after trial of two counts of stalking through the use of a facility of interstate commerce and one count of being a felon in possession of a firearm. Shrader raises multiple issues in th... More...   $0 (04-05-2012 - VA)

Families and Estates of Julia Pryde and Erin Peterson v. Virginia Polytechnic Institute and State University (Virginia Tech)

The Families and Estates of Julia Pryde and Erin Peterson sued Virginia Tech University on negligence wrongful death theories claimed that University officials failed to exercise due care when they failed to warn students in 2007 that someone was on the campus shooting students. Gunman Seung-Hui Cho shot and killed 33 peopl, including Pryde and Peterson on April 16, 2007.

Defendants denied ... More...
   $200000 (03-25-2012 - va)

Families and Estates of Pryde and Peterson v. Virginia Tech

The families and estates of Julia Pryde and Erin Peterson sued the State of Virginia ex rel. Virginia Tech University on negligence wrongful death theories claiming that the University negligently failed to warn people on campus, including Pryde and Peterson, of the presence on the campus on April 16, 2007 to the gunman who killed them. Seung-Hui Cho shot and killed 30 people including Pryde and P... More...   $100000 (03-16-2012 - VA)

Estate of John K. Bristow v. John Crane, Inc.

The Family and Estate of John K. Bristow sued the John Crane, Inc. on a productions liability theory seeking damages for his wrongful death from exposure to asbestos. Bristow, a retired shipyard worker, died of asbestos-related cancer.... More...   $19800000 (02-18-2012 - VA)

Timothy Hennis v. Frank Hemlick

In Schlesinger v. Councilman, 420 U.S. 738 (1975), the Supreme Court held that principles of comity, respect for the expertise of military judges, and judicial economy weigh against federal court intervention in pending court-martial proceedings and in favor of requiring exhaustion of all available remedies within the military justice system before a federal court’s collateral review ("Councilm... More...   $0 (01-17-2012 - VA)

George E. Cranwell v. Anne E. Cranwell, n/k/a Anne Campbell

Appellant, George Cranwell, and appellee, Anne Campbell, were divorced on May 11, 2007. The divorce decree incorporated the parties’ prior letter agreement, which included provisions regarding child support and spousal support. Mr. Cranwell subsequently moved to modify the amount of his child support payments based on a material change of circumstances. He also sought termination of his spousal ... More...   $0 (12-06-2011 - VA)

Danny R. Stevens v. Teresa D. Stevens

Danny Stevens (“husband”) appeals an order from the Circuit Court of Nelson County (“circuit court”), granting him a divorce a vinculo matrimonii, ordering a distribution of marital property, and entering a judgment in favor of Teresa Stevens (“wife”). Specifically, husband maintains that the circuit court erred in its classification and valuation of the real estate. We hold that there... More...   $0 (12-13-2011 - VA)

Jeffrey A. Ruhlin v. Mariam G. Samaan

In this appeal, we consider whether the circuit court erred in permitting the use of a transcript of a recorded statement to refresh a witness’s recollection, and whether the circuit court erred in ruling that a witness’s testimony concerning the plaintiff’s prior consistent statements was not admissible into evidence.

Background

Jeffrey A. Ruhlin (Ruhlin) filed a complaint aga... More...
   $0 (11-04-2011 - VA)

Abigail R. Bell v. Jordan Rebeka Lynn Casper

In these appeals arising out of two cases consolidated in the Circuit Court of Henrico County (the "trial court"), we consider whether the trial court erred when it held that the provisions of Code §§ 55-401 et seq. (Virginia's "Slayer Statute"), in effect on the date of the decedent's death, govern the distribution of the decedent's estate in this case.

I. Facts and Proceedings Below1More...
   $0 (09-16-2011 - VA)

Hampton Inn and Selective Insurance Company of America v. Jessica Marie Sisk King

Hampton Inn and Selective Insurance Company of America (“employer”) appeal the opinion of the Virginia Workers’ Compensation Commission (“commission”) extending the expiration date set forth in the terms of the compromise settlement agreement for payment of Jessica Marie Sisk King’s (“King”) medical benefits five months from the date of its opinion. Employer contends that the commi... More...   $0 (05-17-2011 - VA)

S. Charles Volpe v. City of Lexington

The primary issue in this appeal is whether the City of Lexington, which owned and operated a riverside park that included a low-head dam, owed a duty to warn its invitees of the dangers posed by the dam. We also consider whether the circuit court properly struck claims of gross negligence and willful and wanton negligence.

BACKGROUND

On April 23, 2006, Charles O. Volpe (“Charl... More...
   $0 (05-21-2011 - VA)

Rubert "Bert" Minton v. Exxon Mobil

"Newport News -- A Newport News Circuit Court jury on Thursday hit oil giant Exxon Mobil with a $25 million verdict in an asbestos lawsuit brought by a former shipyard worker -- among the largest jury verdicts ever handed down in a Virginia personal injury case.

Rubert "Bert" Minton, 72, of the Carrollton section of Isle of Wight County, was a repair supervisor on commercial vessels at Newp... More...
   $25000000 (03-19-2011 - VA)

National College of Business and Technology, Inc. v. C. Ray Davenport Commissioners of Labor and Industry

National College of Business and Technology, Inc. (the College) was cited for violating certain asbestos-related safety standards issued by the Virginia Department of Labor and Industry Occupational Safety and Health Administration (VOSH). The circuit court1 upheld the citations and penalty. On appeal, the College contends the circuit court erred in finding: (1) that the College’s employees wer... More...   $0 (02-15-2011 - VA)

Shannon Harkleroad v. Theodore K. Linkous

In this appeal, we consider whether the circuit court correctly determined that a co-tenant with an undivided one-half interest in an improved parcel of real property had established the necessary elements to prove adverse possession as against the other co-tenants and, thus, was entitled to a judgment granting quiet title to the entire property in fee simple.

BACKGROUND

The parties ... More...
   $0 (01-13-2011 - VA)

Jerry K. Addison v. William Jurgelsky, Jr., M.D.

In this appeal we consider whether a wrongful death action brought by one of two co-administrators of an estate was properly dismissed as time-barred when the second co-administrator was joined as a plaintiff after the expiration of the statute of limitations.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

The decedent, Joseph A. Addison (“Joseph”), died on April 3, 2004 after havi... More...
   $0 (01-13-2011 - VA)

Lysable Transport, Inc. and AIG Casualty v. Scott L. Patton

The Workers’ Compensation Commission awarded benefits to Scott Patton under the de facto award doctrine, effectively precluding the employer from exercising its statutory right to contest compensability of Patton’s claim. In the alternative, the commission held Patton proved compensability by a preponderance of the evidence. For the following reasons, we reverse and remand.

I.

In... More...
   $0 (12-28-2010 - VA)

Shirley Conger v. Eugene J. Barrett, M.D.

In this appeal, we consider whether the statute of limitations for wrongful death actions established by Code § 8.01-244(B) bars the reinstatement of an action dismissed under Code § 8.01-335(B).

I.

BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Paul Rae Conger died on March 7, 2001. His widow, Shirley Conger (“Conger”), qualified as his personal representative. On May 21, 20... More...
   $0 (11-04-2010 - VA)

Denis Regan Russell v. Nationwide Life Insurance Company

Denise Reagan Russell (“Russell”) appeals from the opinion of a United States magistrate judge holding that she was not entitled to proceeds of a Nationwide Insurance Company (“Nationwide”) life insurance policy carried by her deceased husband, Daniel Sean Reagan (“Reagan”). The case was tried in a bench trial before the magistrate judge by consent and agreement of the parties pursuant... More...   $0 (11-12-2010 - VA)

Paxton Hawthorne v. Timothy Vanmarter

In these appeals of a judgment for a defendant in a vehicular accident case alleging ordinary and gross negligence, we consider several issues, including the circuit court’s holding that the defendant, a police officer, was entitled to sovereign immunity. We also consider the defendant’s motion to dismiss one of the appeals.

I. Pre-Trial Rulings

In June 2005, Joyce Hawthorne ... More...
   $0 (04-15-2010 - VA)

Avalon Kimble v. Charles Anthony Carey

In this rescue doctrine case, we consider whether the circuit court abused its discretion when it denied the rescuer’s motion to amend her complaint, excluded evidence of the victim’s intoxication, and granted the victim’s motion to strike all the evidence, holding that the rescuer’s conduct in attempting a rescue was “rash and/or reckless” as a matter of law. The circuit court did not... More...   $0 (04-15-2010 - VA)

Whitney Hughes and Carlos Rose v. Kaylie Silby

Whitney Hughes and Carlos Rose sued Kaylie Silby on an auto negligence theory for the wrongful death of their sone, Omarion Rose, age 2, who was killed in front of his home on in 2008. Plaintiffs claimed that Ms. Silby failed to exercise due care in the operation of her automobile and, as direct result, Omarion was hit and killed by Silby's car.


Defendant denied wrongdoing. ... More...
   $43000 (05-08-2010 - VA)

Salvatore J. and Anita L. Culosi v. Deval Bullock

The underlying claims at issue in these appeals, asserted pursuant to 42 U.S.C. § 1983 and state law, arise out of the fatal shooting of an arrestee by a Fairfax County, Virginia, police officer. Defendant Deval Bullock, the officer who fired the fatal shot, noted an interlocutory appeal in No. 09-1042 from the district court’s denial of summary judgment on the ground of qualified immunity. More...   $0 (02-22-2010 - VA)

Bea Antisdel v. Jeffrey A. Ashby, M.D., et al.

In this appeal, we consider whether the circuit court erred in holding that an administrator of an estate appointed solely for the purpose of bringing a wrongful death action under Code § 8.01-50 lacked standing to assert survival claims on behalf of the estate.

Peter Antisdel died from a self-inflicted gunshot wound in August 2003. In 2005, his mother, Bea Antisdel (Antisdel), sought appo... More...
   $0 (01-15-2010 - VA)

Clinton and Michele Aichs v.Don B. Swisher Trucking Corp., McCann Delivery Service and Kenneth Barbour

Clinton and Michele Aichs sued Don B. Swisher Trucking Corp., McCann Delivery Service and Kenneth Barbour on an auto negligence theory for the wrongful death of their daughter, Sydney, age 16, who was killed in a collision between her 1999 Chevrolet Cavalier and a tractor-trailer rig driven by Barbour on U.S. 29 in 2008. Plaintiffs claimed that Barbour was driving at an excessive speed at the time... More...   $5250000 (11-14-2009 - VA)

Michael H. Kellermann v. Paul McDonough

The primary question that we consider in this appeal is whether adults who agree to supervise and care for a child owe a duty to exercise reasonable care in the supervision and care of that child.

II.

Michael H. Kellermann, administrator of the estate of his daughter, Jaimee Elizabeth Kellermann, filed a wrongful death action against Paul McDonough and Paula McDonough (the McDonoughs... More...
   $0 (11-05-2009 - VA)

Richmond Medical Center for Women, et al. v. Michael N. Herring, et al.

In this case, we consider whether Virginia’s "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional. After the Commonwealth of Virginia enacted the Virginia Act in April 2003, but before its July 1, 2003 effective date, Richmond Medical Center and its owner and medical director, Dr. William Fitzhugh (collectively, "Dr. Fitzhugh"), commenced... More...   $0 (07-03-2009 - VA)

Suntrust Bank v. Sydney D.F. Farrar, et al.

In this appeal, we consider whether the circuit court erred in entering a monetary judgment against the trustee and in favor of the beneficiaries of a trust for breach of fiduciary duty arising from the management of a coal mining property when the only evidence of damages presented by the beneficiaries was based on an appraisal without evidence of a willing buyer at the appraised value.

BA... More...
   $0 (04-17-2009 - VA)

Family and Estate of Eleanor Browder v. Dr. Donna Gamache

Family and Estate of Eleanor Browder sued Dr. Donna Gamache on a medical negligence (medical malpractice) theory claiming that Eleanor was denied the change of surviving breast cancer after fining a lump in her breast in 2003 as a direct result of Dr. Gamache's substandard care. Mrs. Browder, a registered nurse, died of breast cancer in 2008.

After finding the lump, Browder sought treatme... More...
   $7500000 (04-10-2009 - VA)

 
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