2008 July | Virginia Lawyers Weekly

Insurance – Bad Faith Claim – Trucker Negligence – Settlement Offer

By Deborah Elkins
Published: July 31, 2008

A Danville U.S. District Court says an insurance company might have been negligent in offering only $100,000 to settle an auto accident case in which it saw a 45 percent chance of a verdict of $1M to $1.5M and the defendant trucker had only $1M in coverage, but defense lawyers investigated the case and kept the bankrupt [...]

Insurance – Homeowner Policy – Duty To Defend – Sexual Molestation – Notice Of ‘Occurrence’

By Deborah Elkins
Published: July 30, 2008

An Alexandria U.S. District Court says a couple has no coverage under a homeowners’ policy against claims that their two sons sexually molested their female cousin years earlier, a claim for which the homeowners failed to notify the carrier until the cousin’s family filed suit five years after the homeowners learned of the accusations.
Nationwide Mutual [...]

Contract – Mailing List – Confidentiality – Limitations – Good Faith Covenant

By Deborah Elkins
Published: July 29, 2008

A mortgage lender who suspected a former vice president of breaching a confidentiality clause by setting up a competing company to use the same mailing list customer criteria developed by plaintiff lender, can sue for breach of a covenant of good faith based on a “continuous breach” theory for ongoing mailings.
Corinthian Mortgage Corp. v. Choicepoint [...]

Procedure for esophagus fails to fix problem – $700,000 Settlement

By Virginia Lawyers Weekly
Published: July 28, 2008

The plaintiff was a 40-year-old woman with a reported history of achalasia. Achalasia is a motility disorder of the esophagus and includes the presence of a lower esophageal sphincter that does not relax to allow food to pass from the esophagus to the stomach. Patients with achalasia will suffer from weight loss, regurgitation [...]

6-inch drop from pavement causes Chesapeake wreck – $4,399,000 Settlement

By Virginia Lawyers Weekly
Published: July 28, 2008

On the afternoon of July 29, 2006, at approximately 5 p.m., Corey Walters and his girlfriend, Kimberly Kuffel, were driving home to South Mills, N.C., in a green Mustang. Corey was about to begin his junior year of high school and Kimberly her senior year.
They had been in Chesapeake at the Greenbriar Mall and [...]

Products Liability – Medical Device – Preemption – Manufacturer Rep Presence

By Deborah Elkins
Published: July 28, 2008

A woman’s products liability warranty and design claims against the manufacturer of a NovaSure device used during endometrial surgery are preempted under the 1976 Medical Device Amendments, but she may amend her complaint to state a negligence claim against the manufacturer based on allegations that the manufacturer’s rep was in the OR and negligently directed [...]

Overhead door injures storage unit customer – $160,000 Verdict

By Virginia Lawyers Weekly
Published: July 28, 2008

The plaintiff operated a car detailing business and rented a storage unit from the defendant for his business. On Aug. 25, 2006, when the plaintiff entered the door of his storage unit, the overhead door fell, struck him on the head, and knocked him unconscious.
Several weeks prior to this incident, the plaintiff and two of [...]

Mini-facelift causes scarring, deformities – Defense Verdict

By Virginia Lawyers Weekly
Published: July 28, 2008

Plaintiff, a 43-year-old diabetic, had a mini-facelift procedure performed by Dr. Gary Burton (a plastic surgeon) on April 28, 2004. Plaintiff claimed that informed consent was not adequate and that the suturing and incision locations in front of both ears were negligently performed and too far forward, which constituted deviations from the standard of care.
As [...]

Flimsy railing at restaurant fails to prevent fall – $700,000 Settlement

By Virginia Lawyers Weekly
Published: July 28, 2008

A 34-year-old real estate agent attended a marketing event at an upscale restaurant at the Reston Town Center. The reception was organized by the sellers of a new condominium development, and about 450 agents and clients were invited.
The restaurant was closed for the event, and by 5:30 p.m. 100 or more invitees had queued up [...]

Elderly patient injured because restraints left off – $812,258 Settlement

By Sarah Rodriguez
Published: July 28, 2008

Type of Action: Medical malpractice
Injuries: Elderly patient fell after facility left off required restraint
Court: Williamsburg Circuit Court
Verdict/Settlement: Settlement
Special Damages: Confidential
Amount of Settlement: $812,258.69 (payment of $750,000, plus lien release of additional $62,258.69).
Experts: Confidential
Plaintiff’s Attorney: Avery T. “Sandy” Waterman Jr., Newport News
[08-T-116]