Associate Charles Nucciarone recently represented a client accused of a simple assault and battery under Virginia Code Sec. 18.2-57, a misdemeanor offense. In addition to examining the law and the facts of the case for potential defenses, Mr. Nucciarone also turned to Virginia Code Section 19.2-151. That code section refers to what criminal defense attorneys commonly refer to as an “Accord and Satisfaction.” Under that code section, in a criminal case where the charge is a misdemeanor and one for which there is a civil remedy, the complaining witness may acknowledge, in writing, that he or she has received “satisfaction” for the injury form the defendant, the court may then dismiss the charge against the defendant.
BMHJ Blog: Legal Information, Resources, & News: Uncategorized
Bed Bugs and the Innkeeper’s Duty of Care
Washington, D.C. and Baltimore, Maryland were recently named as the top two cities for bed bug infestations by Orkin Pest Management, with multiple other cities in Virginia earning similar distinction (https://www.orkin.com/press-room/orkins-2020-bed-bug-cities). Associate Charles J. Nucciarone recently represented a small hotel in a negligence claim by two plaintiffs for damages resulting from bed bug infestation. In their negligence suit, the plaintiffs claimed that the defendant hotel’s negligence had caused the bed bug infestation and, ultimately, the plaintiffs’ injuries and other damages.
The Firm Welcomes its Three New Associates
Our three newest associates joined our firm at the end of the summer after completing judicial state court clerkships. All of them personified excellence in their academic careers and we are proud to introduce them.
Congratulations to the VADA’s New President
On October 4, 2019, Melissa H. Katz was inducted as the 2019-2020 President of the Virginia Association of Defense Attorneys (“VADA”). The firm congratulates her on this accomplishment and continues to be supportive of this organization which promotes civility and education in the practice of law. The mission of the Virginia Association of Defense Attorneys is to assist Virginia attorneys in the professional and ethical representation of their clients in civil litigation through education, communication and fellowship.
The Proliferation of Electric Scooters
After being introduced in the D.C. area in 2017, electric scooters have gained popularity as evidenced by their usage in various localities throughout Virginia. Local governments have created pilot programs to examine whether this mode of transportation should be officially adopted1. While electric scooters are toted as both a means to reduce traffic congestion and protect our environment, they have also generated a plethora of complaints and safety concerns from both pedestrians and motorists, alike. Issues have arisen either because local governments have not sufficiently planned for electric scooter use and/or because of errant operators. After one municipality contracted with an electric scooter vendor, hundreds of scooters were dropped off the next day and before the City had finalized the areas of scooter usage, leading to headaches and confusion2. Motorists and pedestrians have also expressed frustrations resulting from electric scooter users flagrantly violating prohibitions against riding on sidewalks; ignoring traffic laws as applicable; and disregarding vendor’s rules regarding age restrictions, multiple users at one time, and careless abandonment of the scooter after use.
Disclaimer
This blog and the information provided has been prepared by Bancroft, McGavin, Horvath & Judkins, P.C. (“BMHJ”) for information purposes only and is not intended nor to be construed as legal advice. This blog may contain the opinions of the members and associates of this firm on various legal issues and is not legal advice. Read More