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Monthly Archives: November 2010

Case turns on delay in reporting knee injury from crash – $225,000 Verdict (access required)

Plaintiff was involved in a motor vehicle accident on Dec. 15, 2008. She was transported from the scene to the emergency room of St. Mary’s Hospital with complaints of facial burns from the air bag deployment and head, neck, and ...

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Woman suffers broken neck, mild traumatic brain injury – $1,510,000 Settlement (access required)

The plaintiff, age 56, suffered an upper cervical fracture and mild brain injury in a motor vehicle collision. The plaintiff underwent cervical fusion surgery but continued to have pain post-surgery. Plaintiff’s neurosurgeon referred the plaintiff to a physiatrist, who prescribed ...

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Court will hear adoption case (access required)

The Supreme Court of Virginia has agreed to review a ruling by the Virginia Court of Appeals that domestic relations lawyers say makes adoptions more difficult and acrimonious. The Court of Appeals panel said in Todd v. Copeland (VLW 010-7-083) ...

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Civil Procedure – Default Judgment – Med-Mal Suit (access required)

A med-mal plaintiff who properly served his med-mal complaint on the registered agent for defendant practice group, Chantilly Specialists of Virginia, can strike a responsive pleading filed by another entity, Chantilly of Maryland, and is entitled to default judgment against ...

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Corporations – Fictitious Name Registration – Law Firm – Car Owner (access required)

A lawyer who bought a BMW and titled the car under the fictitious name “Ferris & Ferris PC,” which had not been registered with the State Corporation Commission as required by Va. Code § 59.1-69, is not barred from suing ...

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Negligence – Negligent Retention – Emotional Distress – Employee Sexual Assault (access required)

A former employee of defendant Hanover Research Council who alleges he was sexually assaulted and battered by HRC’s founder/CEO can sue for negligent infliction of emotional distress; a Fairfax Circuit Court says the negligent infliction claim is not time-barred, as ...

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Attorneys – Legal Malpractice – Contract Claim – Limitations (access required)

Although a plaintiff’s original complaint alleged “Malpractice” against defendant lawyer, the complaint necessarily referred to a breach of contract action, since that is what legal malpractice is, and a Fairfax Circuit Court overrules defendant’s plea in bar which claims plaintiff ...

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Court says towns can charge higher utility rates for out-of-town customers (access required)

The Town of Leesburg can impose a 100 percent surcharge on water and sewer consumption rates to customers who live in Loudoun County, the Supreme Court of Virginia ruled yesterday. The ruling reversed the finding of Circuit Judge Thomas D. ...

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