2008 December | Virginia Lawyers Weekly - Part 4

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 [...]

Employment Discrimination – Hostile Environment – Race – Cosmetic Surgery

By Deborah Elkins
Published: December 22, 2008

A hospital employee of Nicaraguan origin who alleges coworkers uttered racially offensive statements in her presence about Latino patients and made offensive remarks about her after she underwent cosmetic surgery, has failed to state claims under Title VII; however, plaintiff has stated a claim for unlawful retaliation for the hospital’s reprimand and suspension of plaintiff, [...]

Search & Seizure – Drug Dog – Training – Expert Opinion

By Deborah Elkins
Published: December 22, 2008

A Norfolk U.S. District Court refuses to suppress a gun found in defendant’s car, which was stopped on suspicion of having a too-dark window tint under Virginia law, as the government supported the legality of the car search with expert testimony on the training and reliability of “Debo,” the drug dog who alerted on defendant’s [...]

Immigration – Aggravated Felon – Reckless Endangerment Conviction

By Deborah Elkins
Published: December 22, 2008

A Jordanian national and permanent resident can be deported from the U.S. as an aggravated felon who was convicted of reckless endangerment, which qualified as a “crime of violence,” and petitioner has no claim for a due process violation based on his alleged ineffective assistance of counsel when his lawyer conceded deportability based on that [...]

Elder abuse: Pittsylvania man, 84, awarded almost $1.3M in suit against daughter

By Peter Vieth
Published: December 22, 2008

In an unusual civil lawsuit arising from a case of elder abuse, a Pittsylvania County judge has awarded more than a million dollars to an 84-year-old illiterate retired farmer who claimed his daughter scammed him out of his life savings and held him against his will.
The defendant daughter remains in jail for contempt after the [...]

Employment – Patronage Dismissal Claim – Job Duties – Agency Assistant Director

By Deborah Elkins
Published: December 22, 2008

A 38-year veteran employee of the Baltimore City Department of Social Services who alleges a patronage dismissal from her position as assistant director violated her constitutional rights, has summary judgment against her affirmed by the 4th Circuit.
Plaintiff first contends the district court erred in determining as a matter of law that her position as assistant [...]

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