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Monthly Archives: July 2007

Employment – FMLA – Release – Prospective Rights (access required)

After rehearing, the 4th Circuit reinstates its 2005 opinion in this case [VLW 005-2-149], holding that an employee who missed work due to diagnostic tests for pain and swelling in her leg that eventually led to surgery to remove an ...

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Search & Seizure – Privacy Expectation – Cocaine Sale – Business v. Social Relationship (access required)

Although one defendant spent time at the other defendant’s apartment watching TV and playing video games, and he kept a toothbrush and his video game console at the apartment, the two defendants’ relationship was primarily business – the cocaine business ...

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Building owner recovers for faulty roof (access required)

A Henry County judge has awarded almost $500,000 in damages to a building owner who sued his general contractor over a defective roofing system. The owner, Virginia Machine Tool Company, purchased an older, approximately 24,000-square foot, flat-roof masonry building which ...

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Jury finds podiatrist not at fault for amputation (access required)

Plaintiff was a 38-year-old diabetic female who presented to the podiatrist defendant in October 2001 with an ulcer on the ball of her right foot. The podiatrist successfully treated the ulcer. He also took X-rays on the first visit that ...

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Jury returns $194K verdictfor myofascial pain syndrome (access required)

The plaintiff was a 32-year-old veterinary practice manager who was married and the mother of two young children. She was on her way home from work when the defendant pulled out in front of her, causing her to broadside his ...

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Man's comp claim settled for $275K (access required)

On Feb. 6, 1995, Truman F. Austin, 66, a MeadWestvaco employee, was struck by a forklift. Radiographic studies after the 1995 injury confirmed a syrinx of the spinal cord in the T8 to T11 area. A syrinx is a pocket ...

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Trash truck collision results in $12M settlement (access required)

The case arose out of a collision in Fairfax County. At 3:45 a.m. on Dec. 27, 2005, Jerome Stewart was driving his 1990 Jeep Cherokee northbound on Dorr Avenue near its intersection with Hilltop Road. Marcellous Johnson was operating a ...

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UM carrier offers $50K, jury awards $400K for back injury (access required)

Plaintiff was a 47-year-old sole proprietor of an HVAC business. He was involved in a rear-end accident with moderate property damage. Defendant admitted liability prior to trial and the defendant’s carrier, State Farm, tendered its policy limits of $50,000. The ...

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Northern Virginia sprawl threatens small airfield (access required)

LEESBURG (AP) The runway at Leesburg Executive Airport was getting steady traffic on a recent morning from amateur pilots practicing their landing skills. A tiny Cessna 172 droned across the asphalt, its engine revving as it climbed into the sky. ...

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