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Monthly Archives: October 2009

Surgery patient mistakenly given narcotic pain reliever – $1,528,000 Settlement (access required)

Plaintiff is a 24-year-old man who underwent successful hip surgery at the University of Virginia Medical Center. Postoperatively, the plaintiff asked not to be given narcotic pain medications, but a nurse, carrying out physician’s orders, set up a patient-controlled analgesia ...

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Cause, extent of injury disputed in truck crash – $1,250,000 Settlement (access required)

Plaintiff, a 35-year-old truck driver, was seriously injured when his truck was struck by another and forced off the road into trees. Defendant admitted liability. The issue in the case was the extent of injury and causation. The plaintiff had ...

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Municipal – Landfill Closing – Public Procurement Act (access required)

A trucking company eligible to bid on a county contract to be one of five “franchisees” to collect garbage has standing as a “bidder or offeror” to challenge the county’s extension of contracts with existing franchisees three years beyond the ...

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Unemployment Comp – Law License Revocation – Sufficiency (access required)

A claimant who applied to the D.C. Bar based on his membership in good standing in the Virginia Bar, but who then lost his Virginia law license, is not entitled to unemployment compensation from the company from which he was ...

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Criminal – Marijuana Distribution – Motel Room Exchange (access required)

Although defendant contends the evidence did not prove he intended to distribute more than one-half ounce of marijuana to a prostitute in exchange for sex, the Court of Appeals affirms his conviction under Va. Code § 18.2-248.1(a)(2). The question of ...

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Workers’ Comp – Neck Disability (access required)

The Court of Appeals vacates an award of workers’ comp benefits because the commission erred in reaching the issue of whether claimant’s neck injury was a compensable consequence of her shoulder injury because employer received insufficient notice of the commission’s ...

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Criminal – Murder – Miranda Warnings (access required)

The Court of Appeals affirms defendant’s conviction of second-degree murder by suffocation of a 10-month old child, despite her claims that the trial court erred in denying her motion to suppress statements she allegedly made prior to being given Miranda ...

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Domestic Relations – Annulment – Nigerian Marriage Law (access required)

Although wife contends her marriage in Nigeria ended when the “elders of her place” granted a “customary divorce” from her “customary marriage” to her first husband who deserted her, she did not preserve her claims of error in the trial ...

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