Legal Opinion

Allen v. Loudoun County Sanitation Authority

Loudoun County Circuit Court

Decided November 2, 2009No. Case No. (Civil) 56949PublishedCited by 3 opinions

1Opinion of the Court

By Judge Burke F. McCahill

The Plaintiffs have filed a motion to reconsider my ruling on September 29, 2009. On that date, I sustained the Defendant’s Plea in Bar to Count IV based on the statute of limitations. Count IV raises a claim of public nuisance.

Facts

The facts are not in dispute. The Plaintiffs filed a lawsuit based on the wrongful death of their son from injuries sustained on May 30, 2006. This suit was filed within the applicable statute of limitations. The suit as amended consisted of three separate counts: Negligence, Gross Negligence, and Willful and Wanton Negligence. Prior to…

2Cases cited15 opinions

  1. Bates v. DeversSupreme Court of Virginia · 1974
  2. First Virginia Bank-Colonial v. BakerSupreme Court of Virginia · 1983
  3. Steven J. Hatfill v. The New York Times Company, and Nicholas KristofCourt of Appeals for the Fourth Circuit · 2005
  4. Roller v. Basic Construction Co.Supreme Court of Virginia · 1989
  5. Davis v. Marshall Homes, Inc.Supreme Court of Virginia · 2003

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3Cited by3 opinions

  1. Lawton-Gunter v. MeyerRoanoke County Circuit Court · 2014
  2. Susko v. ToorNorfolk County Circuit Court · 2015
  3. Zahuranec v. LevineFairfax County Circuit Court · 2011

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