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John M. Kirby

Jernigan v. Tart; Last Clear Chance

In Jernigan v. Tart the Court of Appeals (on 3/18/2014; unpublished) held that the trial court erred in not submitting an instruction to the jury on last clear chance. In this case, the Plaintiff was on the dominant road traveling straight. There was some evidence that she was speeding. The Defendant had a stop sign, and was c

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John M. Kirby

Bumpers v. Community Bank of Virginia | Unfair and Deceptive Acts

In Bumpers v. Community Bank of Virginia, a borrower sued a lender for unfair and deceptive practices (under "Chapter 75"). The lender charged a "loan discount fee," when in fact the loan was not discounted. The borrower argued that this was unfair under Chapter 75, and sought treble damages.

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John M. Kirby

Skid Mark (Length) Calculator

In many automobile accidents, it is important to determine who was at “fault,” or who was “negligent,” in causing the accident. It is also sometimes important to determine the speed of vehicles for other purposes.

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