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VAUGHAN’S LANDSCAPING & MAINTENANCE, et al. v. DODSON
NOTICE: The opinions posted here are subject to formal revision. If you find a typographical error or other formal error, please notify the Supreme Court of Virginia. VAUGHAN’S LANDSCAPING & MAINTENANCE, et al. v. DODSON June 8, 2001 Record No. 001740 VAUGHAN’S LANDSCAPING & MAINTENANCE, ET AL. v. TIMOTHY JASON DODSON FROM THE COURT…
Settlement Reached in Fraternity Hazing Case
A college student who suffered a fractured spine during a fraternity hazing incident has settled his lawsuit arising from the accident for $475,000. The young man, who was a freshman at Ferrum College at the time, was riding blindfolded in the back of a pickup truck as one of the brothers drove back from a…
Plaintiff Can Seek Punitives From Wrong-Way Driver
An auto-accident plaintiff can seek punitive damages from a drunken driver who drove the wrong way down a divided four-lane highway, and the jury can infer that the defendant’s blood alcohol content was higher at the time of the accident than when tested two hours later, a Harrisonburg federal judge has ruled. Although the defendant…
Negligence – Wrongful Death – Automobile Accident – Implied Permission – Declaratory Judgment
Type of Action — Negligence Type of Injuries — Death Names of Cases — Rose v. Pedro-Bandeira and Union Ins. Co. v. Rose et al. Courts — Prince William Circuit Court for the wrongful death action and the United States District Court for the Eastern District, Alexandria division, for the declaratory judgment action Special Damages…
Products Liability – Crashworthiness Doctrine – Ford E-150 Van – Md. Law
A family whose decedent had a history of alcoholism and a blood alcohol level well over Maryland’s legal limit can try their claim that the 1988 Ford E-150 Econoline van that caught fire after decedent crashed it into a tree was not “crashworthy” because of the design of its fuel system. Ford based its motion…
Negligence – Rescue Doctrine – Victim’s Intoxication – Rescuer’s Conduct
Where a victim-defendant was placed in peril through his own negligence and a would-be-rescuer-plaintiff was injured trying to aid the victim, the Supreme Court of Virginia holds that evidence of the victim’s intoxication was properly excluded as irrelevant and immaterial but a jury should have been allowed to consider whether the rescuer’s conduct was rash…
Civil Practice – Amended Pleading – Reference Back – New Claim
An auto-accident plaintiff who nonsuited her first motion for judgment, which alleged negligence and respondeat superior liability arising from an accident on Feb. 18, 1995, and who filed her second motion for judgment on Jan. 6, 1998, alleging claims for negligent entrustment and punitive damages, cannot save her second suit by arguing that those two…
Family gets $2.2M for trucking accident
The estate of a woman killed by a tractor-trailer driver who was high on methamphetamine has settled its negligence suit for $2.2 million. A portion of the case hinged on whether a poultry company was negligent for contracting with a trucking business that had a poor public record of drug testing compliance. Glen Allen attorney…
Negligence – Auto Accident
Type of Action – Auto accident Type of Injuries – Left ankle sprain, nerve entrapment injury to left foot, aggravation of pre-existing degenerative conditions in left knee and lower back Name of Case – Elliott v. Beament Court/Case No. – Goochland County Circuit Court, L96-43 Judge or Jury – Jury Name of Judge – Judge…
Jury in Rockingham returns record award
A Harrisonburg attorney has secured what is believed to be the largest verdict for an automobile accident in the history of Rockingham County. Late last month, a jury awarded the client of William W. Helsley a total of $520,000 for injuries suffered in 1999 when his car was rear-ended by a driver traveling at speeds…

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