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Author Archives: Virginia Lawyers Weekly

Parties in t-bone wreck enter high-low agreement – $42,500 Verdict (access required)

On June 7, 2012, the defendant attempted a left-turn into a shopping center and turned in front of the plaintiff causing a t-bone collision. The defendant testified in her deposition that the plaintiff was speeding. The defendant was given a ...

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Decedent lost oxygen during orthopedic surgery – $1,500,000 Settlement (access required)

Decedent was a 58-year-old man who suffered a dislocation of a left hip prosthesis after a fall. After going to the emergency room of a hospital located in the mid-Atlantic region, he was evaluated prior to the necessary orthopedic surgery ...

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Robed bobbleheads: GMU law prof models justices (access required)

Everyone needs a hobby. Some folks collect memorabilia, some re-enact history, others square dance. But Ross Davies, a law professor at George Mason University, has one of the most unusual hobbies we’ve ever seen. Davies makes bobblehead dolls, not of ...

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VSB Disciplinary Actions (access required)

On Nov. 20, the Virginia State Bar Disciplinary Board suspended the license to practice law of Kyle M. Courtnall of Fairfax for 15 months for violating professional rules that govern competence, diligence, communication, conflict of interest: general rule, safekeeping property, ...

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Jury considers whether death was related to fall – $75,000 Verdict (access required)

Plaintiff alleged that the decedent, an 87-year-old female, was dropped from an Invacare Hoyer lift on Aug. 21, 2010. The fall resulted in multiple rib fractures, splenic laceration and ultimately pneumonia that led in continuous sequence until the decedent died ...

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Surgeon cut common bile duct instead of cystic duct – $750,000 Verdict (access required)

Plaintiff was admitted to Winchester Medical Center on Aug. 13, 2010, for a laparoscopic cholecystectomy. The defendant identified the gallbladder and grasped it by its fundus. The gallbladder was retracted in a cephalad direction and a second grasper was then ...

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Operation on wrong spinal level led to numerous surgeries – $1,300,000 Settlement (access required)

The plaintiff was a 39-year-old laborer and father of five children who was scheduled for outpatient hemilaminectomy and microdisctomy at L5-S1. Although the defendant neurosurgeon apparently used intraoperative fluoroscopy to mark the intended surgical level, he mistakenly performed the surgery ...

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Nursing home lessor recovers damages for defendant’s breach – $2,742,029 Verdict (access required)

Litigation was initiated in federal court in Atlanta by Mariner, a Georgia-based guarantor of a lease of a nursing home facility in Scott County, Va. Guarantor Mariner sued landlord Elderberry, a Lynchburg LLC, seeking declaratory judgment that a written lease ...

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VSB Disciplinary Action (access required)

Effective Dec. 20, the Virginia State Bar Disciplinary Board suspended the license to practice law of Joseph G. Painter Jr. of Blacksburg on grounds of impairment.

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