Contract – Road Construction – Written Notice Of Claim 
By Deborah Elkins
Published: September 15, 2008
On further study, a Mecklenburg County Circuit Court reaches the same conclusion as in its Feb. 12 opinion [VLW 008-8-142] and holds that a contract provision between VDOT and a contractor hired to work on the Route 58 Clarksville Bypass in Mecklenburg County, stating that written notice of “an existing or impending claim for damages” [...]
Dialysis center disputes claim of fall by patient – Defense Verdict
By Virginia Lawyers Weekly
Published: September 15, 2008
The plaintiff was a 38-year-old female with end-stage renal disease who began receiving kidney dialysis at the defendant facility in January 2002. She continued to receive treatment without incident three times per week until early April of that same year, at which time she went to the emergency room of a local hospital with [...]
Criminal – Sexually Violent Predator – Civil Commitment
By Deborah Elkins
Published: September 15, 2008
In this proceeding to have a convicted rapist civilly committed as a Sexually Violent Predator under Va. Code §§ 37.2-900, a Greensville County Circuit Court denies respondent’s motions in limine to prohibit the commonwealth from referencing any results of tests administered to respondent, evidence of a 1990 rape charge or any other conviction not of [...]
Criminal – Embezzlement – Home Improvement Project – Check Proceeds
By Deborah Elkins
Published: September 15, 2008
A defendant who obtained a check from homeowner for $2,295 to purchase materials for a home improvement project, but who gave $800 of the funds to a codefendant to pay for van repairs and failed to account for an additional $300 of the funds has his conviction of embezzlement under Va. Code § 18.2-111 affirmed [...]
Chronic, intermittent pain caused by rear-end crash – $250,000 Verdict
By Virginia Lawyers Weekly
Published: September 15, 2008
Plaintiff was rear ended by the defendant and sustained neck and upper back injuries that were permanent, but intermittent.
Medical expenses were $15,331.90 ($7,450 was for a TENS unit). Future treatment with prolotherapy and physical therapy was recommended but had not been pursued by the plaintiff. No lost wages were claimed.
The defense hired Dr. [...]
Workers’ Comp – Award Vacatur – Remedy – Appeals
By Deborah Elkins
Published: September 15, 2008
A claimant loses his appeal claiming the commission erred by setting aside the outstanding award instead of terminating it, a question which is procedurally barred under Rule 5A:18.
The record shows that at no time before the commission issued its Feb. 27, 2008 opinion did claimant raise the question or argument he now raises.
Kellum v. W.J. [...]
Mesothelioma blamed on exposure to brake pads – Defense Verdict
By Virginia Lawyers Weekly
Published: September 15, 2008
The plaintiff, who was 59 at the time of trial, was diagnosed with pleural mesothelioma in August 2006. The plaintiff sued a host of defendants, claiming that cumulative exposure to asbestos caused his mesothelioma.
Specifically, the plaintiff alleged that he was exposed to asbestos while serving onboard various ships in the U.S. Navy from 1969 [...]
Domestic Relations – Termination Of Parental Rights – History Of Homelessness
By Deborah Elkins
Published: September 15, 2008
A mother with a long history of homelessness and failure to comply with rules for homeless shelters where she stayed with the child loses her parental rights in this Court of Appeals decision.
A psychological assessment indicated mother was suffering from a delusional disorder and a dependent personality disorder, which her evaluator indicated were “difficult to [...]
Tractor-trailer collision causes brain, pelvic, ankle injuries – $2,500,000 Settlement
By Virginia Lawyers Weekly
Published: September 15, 2008
Plaintiff was a 17-year-old high school student. He was a rising senior and an honor student. He was also an accomplished football player and wrestler. Several colleges had expressed interest in plaintiff as an athlete.
On July 1, 2007, plaintiff was on his way to work at his summer job at a restaurant in [...]
Domestic Relations – Termination Of Parental Rights – Mental Illness
By Deborah Elkins
Published: September 15, 2008
A mother’s failure to come to terms with her mental illness, according to expert testimony, impairs her ability to care for her child and the Court of Appeals upholds the trial court’s decision to terminate the mother’s parental rights.
Upon the child’s birth, she tested positive for barbiturates and mother expressed a desire to kill the [...]
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