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Driver who rear-ended vehicle admitted he was intoxicated – $48,000 Verdict
Posted by: Virginia Lawyers Weekly on 2012-05-28
Plaintiff was a passenger in a vehicle which was struck in the rear by the defendant and pushed into a vehicle in front of her. Defendant admitted he was intoxicated at the time of the incident, and had a BAC of a minimum of .20. The accident happened two days before Christmas. Injury was solely…
Criminal – DUI – Blood Alcohol – Medical Treatment – Melendez-Diaz Claim
Posted by: Deborah Elkins on 2010-07-16
Hospital records showing a drivers BAC at .13 after a two-fatality automobile accident are admissible under Va. Code 19.2-187.02, a Norfolk Circuit Court says, notwithstanding a Sixth Amendment Melendez-Diaz challenge to the statute, which allows the test as a business record. After an automobile accident in which two individuals died and one was injured, defendant…
Negligence – Auto Accident – Mild Brain Injury – Neuropsychologist – Causation
Posted by: Virginia Lawyers Weekly on 2005-04-25
Although a neuropsychologist’s test results of an auto-accident plaintiff may come into evidence with regard to plaintiff’s claim of mild traumatic brain injury, and the neuropsychologist may testify about the cause of plaintiff’s mental injuries, he may not testify as to causation of plaintiff’s physical human injury, and plaintiff’s motion in limine is granted…
Category(s): Opinion Digests
Workers' Comp – Injury By Accident – Claimant's Intoxication – Jump From Forklift
Posted by: Virginia Lawyers Weekly on 1995-01-01
The commission did not err in concluding that claimant was credible in relating his account of an accident in which he broke one leg when he jumped off a forklift that was rolling backward, and then injured the other leg when the forklift ran over him as he attempted to put the lift in…
Category(s): Opinion Digests
SUV struck motorcycle while making a turn – $235,000 Settlement
Posted by: Virginia Lawyers Weekly on 2014-01-17
Plaintiff was riding his 2005 Harley-Davidson motorcycle on June 20, 2012, when he was struck by a large sport utility vehicle. The wreck happened on Bell Creek Road in Hanover County. Defendant, the driver of the SUV, was attempting to turn right onto Bell Creek Road from a shopping center parking lot when she struck…
Summary Affirmances
Posted by: Deborah Elkins on 2012-09-10
The Court of Appeals of Virginia decides the following cases by summary affirmance: Smith v. Lewis Tree Service , No. 0706-12-2, Sept. 4, 2012, upholding denial of benefits because claimant did not prove a compensable injury by accident. VLW 012-7-249(UP), 1 p. City of Fredericksburg v. Grijalva , No. 0833-12-2, Sept. 4, 2012, affirming a…
Insurance – Health – Alcohol – Auto Accident – 'Insured'
Posted by: Virginia Lawyers Weekly on 1999-12-20
A man’s health insurance policy, which covers his family but specifically excludes coverage for “any loss resulting from the covered persons being under the influence of alcohol,” does not cover injuries the man’s son received in an auto accident in which the son was under the influence of alcohol. The court sustains the carrier’s…
Category(s): Opinion Digests
Posted by: Sarah Rodriguez on 2008-01-11
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. JOHNSON, et al. v. CAMPBELL November 5, 1999 Record No. 982606 MARLON E. JOHNSON, ET AL. v. CARLA M. CAMPBELL FROM THE CIRCUIT COURT OF AUGUSTA…
Crash blamed on cocaine-addled dump truck driver – $500,000 Settlement
Posted by: Virginia Lawyers Weekly on 2010-03-22
This automobile accident case involved a 52-year-old plaintiff who was injured in March 2004 when the vehicle he was driving was struck by a dump truck driven by the defendant, who had a history of substance abuse. The defendant driver was screened for drugs and alcohol immediately after the accident by his employers and tested…
Employment – Life Insurance – ERISA – AD&D
Posted by: Deborah Elkins on 2008-08-11
An ERISA claims fiduciary did not abuse its discretion in denying the survivors of an employee who died in a motorcycle crash group accidental death and dismemberment benefits, in light of evidence of the employees .123 percent blood alcohol content after the crash, an Abingdon U.S. District Court holds. I find the carriers decision to…
Category(s): Opinion Digests

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