Infant C. v. Boy Scouts of America

Fairfax County Circuit Court

Infant C. v. Boy Scouts of America

19 Va. Cir. 5, 1989 Va. Cir. LEXIS 385

CourtFairfax County Circuit Court

DecidedApril 13, 1989

DocketCase No. (Law) 80192

StatusPublished

This text of 19 Va. Cir. 5 (Infant C. v. Boy Scouts of America) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Infant C. v. Boy Scouts of America, 19 Va. Cir. 5, 1989 Va. Cir. LEXIS 385 (Va. Super. Ct. 1989).

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Opinion

By JUDGE RICHARD J. JAMBORSKY

The Court has determined that the guardian ad litem fees incurred in defense of Mr. Bittenbender in this action shall be assessed against the plaintiff. They are clearly a necessary and foreseeable cost of this proceeding.

The Court reaches this decision for the following reasons: the plaintiff was unsuccessful in his pursuit of the claims against Mr. Bittenbender; the plaintiff undertook this pursuit under no compulsion, i.e., Mr. Bittenbender was not a necessary party to this action, and did so with full knowledge of the consequences of an unsuccessful prosecution; and the plaintiff knew or should have known that the claims against Mr. Bittenbender as pleaded were untenable.

The evidence presented to the Court demonstrates that Mr. Yeager is due $31,200, and Mr. Robbins is due $6,073.90. Neither party has contested the reasonableness of these amounts. Any such contention shall be brought to the Court’s attention forthwith. Subject to adjustment by the Court as to reasonableness of the amounts due, these fees shall be assessed as liens against the judgment recovered by the plaintiff in this action.

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By JUDGE RICHARD J. JAMBORSKY

The Court has determined that the guardian ad litem fees incurred in defense of Mr. Bittenbender in this action shall be assessed against the plaintiff. They are clearly a necessary and foreseeable cost of this proceeding.

The Court reaches this decision for the following reasons: the plaintiff was unsuccessful in his pursuit of the claims against Mr. Bittenbender; the plaintiff undertook this pursuit under no compulsion, i.e., Mr. Bittenbender was not a necessary party to this action, and did so with full knowledge of the consequences of an unsuccessful prosecution; and the plaintiff knew or should have known that the claims against Mr. Bittenbender as pleaded were untenable.

The evidence presented to the Court demonstrates that Mr. Yeager is due $31,200, and Mr. Robbins is due $6,073.90. Neither party has contested the reasonableness of these amounts. Any such contention shall be brought to the Court’s attention forthwith. Subject to adjustment by the Court as to reasonableness of the amounts due, these fees shall be assessed as liens against the judgment recovered by the plaintiff in this action.

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Bluebook (online)

19 Va. Cir. 5, 1989 Va. Cir. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/infant-c-v-boy-scouts-of-america-vaccfairfax-1989.