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James P. Magner

June 2, 2011 — Shoplifting accusation by guards costs $282KPassword Protected

A Loudoun County jury has awarded $282,000 to a young Hispanic man who alleged security guards at a Walmart store in Sterling accosted him and falsely accused him of shoplifting. Daniel Campos and a friend, Jose Platero, testified that a security guard started following them as soon as they entered the store in May 2009. They …

February 1, 2010 — Photo is key in suit over loss of finger – $375,000 VerdictPassword Protected

Plaintiff was working as a heavy equipment operator and was delivering a piece of rented equipment to the defendant, a heavy equipment dealer. Defendant’s employee attempted to remove the equipment from the flat bed trailer of the plaintiff’s truck with a forklift, but the forklift became stuck. When the plaintiff attempted to assist the …

Phillip B. Leiser

August 10, 2009 — Criminal – Animal Neglect – NonsuitPassword Protected

The Court of Appeals upholds a bench ruling pursuant to Va. Code § 3.1-796.115, that the 20 animals in appellant’s custody were deprived of adequate care, rendering a direct threat to their safety and health. Appellant contends that following the commonwealth’s prior nonsuit of the charges in the de novo appeal to the circuit court, the …

July 3, 2006 — Jewish lawyer wins $1,500 for ethnic harassment

A Jewish lawyer from Vienna has won a $1,500 ethnic harassment verdict against a man who told him he was sorry his family had not been “exterminated in the concentration camps.”

June 19, 2006 — Wills & Trusts – P.I. Proceeds – Personal Property – Testator’s Intent

Where a woman’s will gave to three of her six brothers equal shares in all the personal property she owned, or over which she had “disposing power” at the time of her death, the $1,778,578 in payment for her personal injury suit arising from a Washington, D.C., apartment fire, paid after her death, passed under the personal property clause of her will because, under the applicable D.C. law, the woman’s p.i. action was “owned” by her at her death.

September 22, 2003 — Criminal – Suspended Sentence Revocation – Withdrawn Appeal

Where defendant, who promptly committed another offense of driving after having been declared an habitual offender immediately after his first conviction for that offense, which led to a suspended jail sentence but which defendant appealed, but defendant withdrew that appeal, the Court of Appeals erred in holding that the circuit court improperly revoked the suspended sentence on the basis that the circuit court order affirming the conviction and sentence in his withdrawn appeal of the first HO conviction, “abrogated” the district court judgment.

January 13, 2003 — Negligence – Head Injury – School Play Rehearsal

A plaintiff, born on March 7, 1982, may not pursue his lawsuit filed March 7, 2002, alleging damages from serious head injuries suffered when his then-fifth grade teacher supervised several students as they “threw” plaintiff onto a hard surface as part of a school play rehearsal, causing plaintiff to sustain a blow to the head that knocked him unconscious and necessitated his hospitalization.

September 24, 2001 — Tort – Sexual Assault & Battery – Emotional Distress – Tolling Provision

A woman suing a man in tort for allegedly breaking into her apartment and threatening and sexually assaulting her in 1992 has her suit dismissed as time-barred; her allegation that the man concealed his identity until he confessed to the crimes in 1999 does not qualify her for the tolling provision in Va. Code Sect. 8.01-229(D).

August 28, 2000 — Tapes Of Dead Man Used In Neighborhood Dispute

A neighborhood dispute that escalated into vandalism, tire-slashing and a brick through a front window landed in Fairfax Circuit Court earlier this month.

August 28, 2000 — Tort – Trespass – Destruction of Property – Emotional Distress

Plaintiffs sued defendant for allegedly hiring an ex-employee to severely vandalize their home by throwing a brick through their living room window and destroying their house with oil-based indelible paints.

Karen Leiser

June 6, 2005 — Carrico Pro Bono Awards Presented Last Wednesday

Legal Services of Northern Virginia provides pro bono awards annually to attorneys and others who have made significant contributions to the provision of pro bono legal services to area residents of limited means. The awards, presented last week, were named for former Virginia Chief Justice Harry L. Carrico upon his retirement as Chief Justice in 2002

July 26, 2004 — Domestic Relations – QDRO – Divorce Decree – Pension – Disability Pay

Where a final divorce decree gave wife 50 percent of the marital share of husband’s “pension if, when and as received by” husband from his employer, and husband later retired on disability due to an eye injury, the trial court erred in refusing to enter a QDRO that gave wife a share of husband’s disability payments.

Thomas F. Hennessy

October 13, 2008 — Domestic Relations – Custody – Mom’s Move – ReversionPassword Protected

A trial court erred in ordering that primary physical custody of the parties’ child would revert from mother to father if mother moved out of Virginia or more than 30 miles from father, and the Court of Appeals reverses the custody order. The court indicated the interests of the child would best be served by remaining …