2008 December 08 | Virginia Lawyers Weekly - Part 2

Crash caused by black ice results in wrist fracture – $175,000 Settlement

By Virginia Lawyers Weekly
Published: December 8, 2008

An automobile crossed the double yellow line on black ice on a two lane roadway and struck the plaintiff’s vehicle in the opposite lane of travel. The plaintiff suffered a fracture to the left wrist, which did not heal. A bone graft was performed.
[08-T-197]
Type of Action: Personal injury – auto accident
Name of Case: Confidential
Court: [...]

Elderly patient injured in fall in Newport News – $850,000 Settlement

By Virginia Lawyers Weekly
Published: December 8, 2008

Elderly in-patient fell due to lack of interventions.
[08-T-195]
Type of Action: Medical malpractice
Name of Case: Confidential
Court: Newport News Circuit Court
Verdict or Settlement: Settlement
Amount: $850,000
Plaintiff’s Attorney: Avery T. “Sandy” Waterman Jr., Newport News

Ultrasound fails to detect spina bifida in newborn – $1,100,000 Settlement

By Virginia Lawyers Weekly
Published: December 8, 2008

The infant plaintiff was born on Oct. 14, 2003, with a hairy nevus and sacral dimple on the back just above the anus. The defendant pediatrician ordered a spinal ultrasound to rule out occult spina bifida. The defendant radiologist read the ultrasound as normal.
Over the next eleven months, the infant plaintiff demonstrated delays [...]

Wills & Trusts – Decedent’s Business – Widow/Administrator’s Operation – Adult Children

By Deborah Elkins
Published: December 8, 2008

A Fairfax Circuit Court says a businessman’s widow who ran the family gutter business into the gutter gets 100 percent of the stock in the now-worthless business and has to restore nearly $50,000 to the estate, in a dispute with decedent’s four grown children.
At his death, William H. Spears Sr. owned 100 percent of the [...]

Multiple surgeries create dispute about source of sponge – Defense Verdict

By Virginia Lawyers Weekly
Published: December 8, 2008

Plaintiff’s decedent (the patient) had undergone a left colectomy for removal of colon cancer in June of 2000 and then had a section of her right colon and cecum removed in May of 2001. Both of these procedures were done by a colorectal surgeon in Roanoke, who was not a party to the lawsuit. [...]

Domestic Relations – Retroactive Child Support – Income – Capital Gains

By Deborah Elkins
Published: December 8, 2008

A Fairfax Circuit Court discounts father’s claim that he did not understand that capital gains and forms of income other than wages, tips and compensation would be considered for child support calculation, and the court orders a retroactive recalculation of child support, taking into consideration that wife also misrepresented her income.
Based on tax returns submitted [...]

Domestic Relations – Spousal Support – Income Statements

By Deborah Elkins
Published: December 8, 2008

Although neither party is credible and the state of the parties’ financial records complicates the issue, a Fairfax Circuit Court awards wife $1,000 in monthly spousal support when the parties end their 22-year marriage.
On the issue of spousal support, neither party is a credible witness. Both parties swore to the accuracy of their income and [...]

Real Estate – Commercial Lease – Rent & Late Charges – Damage Expert

By Deborah Elkins
Published: December 8, 2008

A defendant who walked out on his lease in an office building in November 2003, without notice, must pay the landlord rent, late fees and common-area maintenance charges up to June 2004, when the landlord found a new tenant, but not attorney’s fees, a Fairfax Circuit Court holds.
Defendant tenant argues that plaintiff landlord breached the [...]

Civil Procedure – Foreign Judgment – Service Of Process – Fla. Law

By Deborah Elkins
Published: December 8, 2008

Although the Florida address for decedent’s son was listed as the address for decedent as registered agent of “McAuliffe Properties Inc.,” service on the son was no good under Florida law and the Fairfax Circuit Court sets aside a 1999 Florida default judgment docketed against decedent in Virginia in 2007.
The default judgment in question was [...]

Civil Procedure – P.I. Suit – Police Report – SDT

By Deborah Elkins
Published: December 8, 2008

In this wrongful death action by the family of decedent passenger, the Fairfax Circuit Court quashes a subpoena duces tecum in which the parents sought the criminal investigation file supporting the decision not to prosecute any of the civil defendants.
Plaintiffs’ son, who was a passenger in a vehicle with the four defendants, died in an [...]

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