2009 January | Virginia Lawyers Weekly

Negligence – Sovereign Immunity – Agent Of Commonwealth – Medicaid Patient Transport

By Deborah Elkins
Published: January 30, 2009

A Medicaid patient who used defendant LogistiCare Solutions LLC for transport for dialysis treatment cannot sue defendant for the alleged negligence of an employee who improperly loaded the patient into a van, causing injury from a leg wound, because LogistiCare has sovereign immunity from the negligence claim, a Fairfax Circuit Court says.
Andrews v. LogistiCare Solutions [...]

Real Estate – Contract – Fraud – Warranty Of Title

By Deborah Elkins
Published: January 29, 2009

A defendant in this suit by plaintiff Bear Ridge Developers alleging it was deprived of 875 square feet of its commercial condominium due to improper placement of a wall between two condo units, may sue the third-party defendant bank for breach of a warranty of title in a sales agreement, a Fairfax Circuit Court says.
Bear [...]

#36 (tie) – $1 million

By Sarah Rodriguez
Published: January 28, 2009

Jones v. Big Roc Tool
Type of Case: Wrist crushed by defective jack
Attorneys: Irving M. Blank, D. Wayne O’Bryan, Richmond
Summary: The wrist of a mechanic was crushed at a Hanover County truck stop when a jack failed and a 38,000-pound trailer fell on it. The injury was so severe that amputation was suggested, but plaintiff opted [...]

#36 (tie) – $1 million

By Sarah Rodriguez
Published: January 28, 2009

Smith v. Blevins
Type of Case: Fractured vertebra, ribs and arms from traffic crash
Attorney: Fletcher W. Harkrader III, Charlottesville
Summary: The subcompact vehicle of the 72-year-old plaintiff was hit by a pickup truck. She incurred $428,000 in medical expenses for treatment of fractured vertebra, ribs and arms and surgery on her lower back from an infected [...]

#36 (tie) – $1 million

By Sarah Rodriguez
Published: January 28, 2009

Confidential
Type of Case: Closed fractures to neck, internal injuries and separated shoulder in intersection crash between pickup truck and tractor-trailer.
Attorney: Gregory S. Hooe, Tappahannock
Summary: Plaintiff was a passenger in a pickup truck that was hit by a tractor-trailer when the driver attempted to cross a four-lane divided highway. The driver of the pickup was killed, [...]

#36 (tie) – $1 million

By Sarah Rodriguez
Published: January 28, 2009

Linkous v. Wood
Type of Case: Intersection crash involving a car and a motorcycle
Attorney: Jon Kurtin, Roanoke
Summary: Plaintiff was injured when a car turned left at an intersection in front of the motorcycle on which she was riding. Three bones in her left leg were broken and she incurred medical expenses of $317,000.

#35 – $1.05 million

By Sarah Rodriguez
Published: January 28, 2009

Confidential
Type of Case: Error in prescription for Coumadin
Attorneys: Charles J. Zauzig III, Claire E. Keena, Woodbridge
Summary: Plaintiff, an 80-year-old retired Navy officer, suffered a hemorrhage in the spinal canal that left him a paraplegic with no bowel or bladder control. The hemorrhage occurred because an Army pharmacy gave him 5 mg tablets of Coumandin instead [...]

#31 (tie) – $1.1 million

By Sarah Rodriguez
Published: January 28, 2009

Confidential
Type of Case: Failure to diagnose occult spina bifida
Attorneys: William E. Artz, Andrew J. Waghorn, Arlington
Summary: Infant was born with an appearance that suggested the possibility of occult spina bifida. A radiologist interpreted an ultrasound as ruling out the possibility.
Although problems in the child’s development over the first year also indicated occult spina bifida, it [...]

#31 (tie) – $1.1 million

By Sarah Rodriguez
Published: January 28, 2009

Confidential
Type of Case: Life-threatening injuries from intersection crash
Attorneys: Michael J. Holleran, Reston; William J. Virgulak, Leesburg
Summary: Plaintiff suffered serious injuries when defendant ran a stop sign and struck the truck plaintiff was operating on behalf of his employer. Plaintiff had medical expenses of $544,000 and a workers’ compensation lien of more than $600,000.
Defendant had only [...]

#31 (tie) – $1.1 million

By Sarah Rodriguez
Published: January 28, 2009

Confidential
Type of Case: Neck and ankle fractures from a motorcycle wreck
Attorneys: Lawson D. Spivey III, Edward L. Weiner, Fairfax
Summary: Defendant turned left in front of plaintiff, who was riding a motorcycle. Defendant was cited for failure to yield the right of way and prepaid a fine.
Plaintiff suffered severe fractures of his left ankle and foot [...]