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BENJAMIN v. COMMONWEALTH (unpublished) JULY 18, 2000 Record No. 2254-98-2 ODEH BENJAMIN v. COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF THE CITY OF PETERSBURG Oliver A. Pollard, Jr., Judge Present: Judges Benton, Humphreys and Retired Judge Olitsky * Argued at Richmond, Virginia Mary Katherine Martin, Senior Assistant Public Defender, for appellant. Linwood T….
Evid.suff.to convict for felony failure to stop at scene of accid…
Driver who rear-ended car not at fault for subsequent crash – Defense Verdict
This case stemmed from an accident that happened on Oct. 12, 2010 on Atlantic Avenue at 55th Street in Virginia Beach. Defendant Camp rear-ended a car driven by Ashley Kennedy, which was stopped in the left lane waiting to make a turn. After that collision, Plaintiff Swain rear-ended Camps vehicle, forcing it back into Kennedys…
Retrial of trip-and-fall ends in $150K settlement
This case was previously tried to a defense verdict but successfully appealed and reversed by the Supreme Court of Virginia due to improper introduction of prior alcohol use by plaintiff that was irrelevant and overly prejudicial. Plaintiff tripped and fell on a dislodged metal drainage grate embedded in a sidewalk in a common area of…
Corrections to pg.3, ln 23, (cite) and pg 5, ln 7, endanger"s"…
Trial Report No. 94-T58, Negligence
Premises Liability – Diving Accident – Quadriplegia Type of Action Personal injury – diving accident Type of Injuries Quadriplegia – The 22-year-old plaintiff dove into Van Riper’s Lake in Nelson County. Name of Case Robert C. Brunel Jr. v. Earnest B. Powell Court/Case No. Richmond Circuit Court, No. LW 916-4 Judge or Jury Jury…
Negligence – Auto Accident – Crushed Leg
Type of Action – Personal injury Type of Injuries – Severe crush injury and fractures to right leg resulting in near amputation. Name of Case – Koehler-Pfotenhauer v. Watson and Lancaster Court/Case No. – Virginia Beach Circuit Court, Law No.: CL98-3270 Judge or Jury – N/A Name of Judge – N/A Special Damages -…
Carrier Need Not Pay Where Insured was DUI
Where a driver was killed in a one-car wreck in which he was driving drunk, his insurance company is not required to pay accidental death or dismemberment benefits to his beneficiaries, a federal judge in Alexandria has ruled in a case of apparent first impression. The issue has split state and federal courts across the…
Passenger in drunken driving case beats contrib, assumption of risk
Single vehicle motor vehicle accident. The plaintiff was the defendant’s girlfriend. Punitives damage claim and willful and wanton conduct were withdrawn before trial. The plaintiff didn’t want to give any validity to the blood alcohol certificate, and her theme was that she didn’t really know how much the defendant drank, she didn’t think he was…
Products Liability – Auto Seat Belt – Accident Reconstructionist
A man who alleges a defective seat belt design on a 1993 Ford Probe GT caused his son’s death in a single-car accident loses summary judgment in his products liability case because neither the expert opinions of an accident reconstructionist and a “mechanism of injury” specialist” (even if these opinions were admissible), nor the…

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