22 « December « 2008 « Virginia Lawyers Weekly

Criminal – Miranda Warning – Right To Counsel – Larceny Conspiracy

By Deborah Elkins
Published: December 22, 2008

A police officer’s statement to defendant that if he could not afford an attorney, “the Court will consider appointing an attorney for you” was sufficient to apprise defendant of his right to an attorney, and the trial court did not err in admitting defendant’s statement to police about his participation in a codefendant’s theft of [...]

Tractor-trailer crosses median, kills passenger on Interstate 81 – $1,483,694.97 Settlement

By Virginia Lawyers Weekly
Published: December 22, 2008

The 48-year-old decedent was a passenger in a 2007 Chevrolet van that was struck head on by a 2001 Peterbilt tractor-trailer on Feb. 26, 2008. The operator of the tractor-trailer crossed the median of Interstate 81 in Harrisonburg. The operator of the van, Isaac Santos, died at the scene. His case was [...]

Domestic Relations – Spousal Support – Parties’ Lifestyle

By Deborah Elkins
Published: December 22, 2008

Admission into evidence of wife’s trial notebook that outlined each of the factors for the trial court’s consideration for spousal support under Va. Code § 20-107.1(E) and wife’s evidence on these factors supports the trial court’s award of $500 in monthly support to mother, despite husband’s claim that the trial court failed to make the [...]

Passenger suffers broken leg as a result of rear-end crash – $555,000 Settlement

By Virginia Lawyers Weekly
Published: December 22, 2008

Plaintiff was a passenger in her car, which was being driven by her boyfriend. Defendant ran into the rear of her car. Plaintiff was treated at VCU Medical center with multiple surgeries. Plaintiff’s carrier paid a limit of $30,000 for a covenant not to sue and defendant paid $525,000 after suit was filed. [...]

Lower back pain develops two years after rear-ender – $275,000 Settlement

By Virginia Lawyers Weekly
Published: December 22, 2008

During the evening of June 23, 1999, the plaintiff was stopped in traffic on Franklin Road S.W. in the city of Roanoke, where she was rear-ended by the defendant. Defendant stated to the police that he was unsure how the accident occurred but that he must have not seen her. Police charged the [...]

Retired boiler technician dies from asbestos exposure – $1,702,542.08 Verdict

By Virginia Lawyers Weekly
Published: December 22, 2008

James L. King developed mesothelioma in January 2004 and he died of complications of this disease less than a year later, on Dec. 24, 2004. At the time of his death, King was 81 years old. He was survived by his wife of 19 years, Ora J. King. The case was initially [...]

Woman alleges battery during breast examination – Defense Verdict

By Virginia Lawyers Weekly
Published: December 22, 2008

Plaintiff, a 58-year-old woman, returned for a follow-up visit with the defendant physician, an ear, nose and throat specialist, with continued sinus symptoms. The defendant testified that during her visit, the plaintiff informed defendant physician’s nursing assistant that she had recently had an ultrasound that revealed spots on both breasts. Plaintiff also reported a family [...]

Permanent leg injury develops from fractured tibia, fibula – $1,550,000 Settlement

By Virginia Lawyers Weekly
Published: December 22, 2008

Plaintiff, a 15-year-old high school student, was playing basketball in the gym when he landed awkwardly and hyper-extended his knee. Plaintiff was transported to the emergency department at the local hospital, X-rayed and diagnosed with a markedly displaced tibial-fibular fracture involving his growth plates. The emergency room physician obtained an orthopedic consult.
The defendant [...]

Insurance – Life Insurance – Policy Lapse Notice – Pleading Bad Faith

By Deborah Elkins
Published: December 22, 2008

An executor can try her breach of contract claim against a life insurance carrier on whether decedent received adequate notice under Va. Code § 38.2-232 about the lapse of his individual policy previously paid by his employer, a Baptist church, but the Newport News U.S. District Court grants summary judgment to the carrier on the [...]

Contract – Airport Services – Tortious Interference

By Deborah Elkins
Published: December 22, 2008

Plaintiff company, a “Fixed Base Operator” of airport concessions and services for noncommercial aviation industries, cannot sue defendant competitor, which operates a corporate hangar facility, for tortious interference with contract for its alleged encroachment on plaintiff’s operations, an Alexandria U.S. District Court says.
Plaintiff FBO operates at Washington Dulles International Airport under a contract with Metropolitan [...]

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