Procedure for esophagus fails to fix problem - $700,000 Settlement 
Published: July 28, 2008
The plaintiff was a 40-year-old woman with a reported history of achalasia. Achalasia is a motility disorder of the esophagus and includes the presence of a lower esophageal sphincter that does not relax to allow food to pass from the esophagus to the stomach. Patients with achalasia will suffer from weight loss, regurgitation [...]
6-inch drop from pavement causes Chesapeake wreck - $4,399,000 Settlement
Published: July 28, 2008
On the afternoon of July 29, 2006, at approximately 5 p.m., Corey Walters and his girlfriend, Kimberly Kuffel, were driving home to South Mills, N.C., in a green Mustang. Corey was about to begin his junior year of high school and Kimberly her senior year.
They had been in Chesapeake at the Greenbriar Mall and [...]
Products Liability - Medical Device – Preemption – Manufacturer Rep Presence
Published: July 28, 2008
A woman’s products liability warranty and design claims against the manufacturer of a NovaSure device used during endometrial surgery are preempted under the 1976 Medical Device Amendments, but she may amend her complaint to state a negligence claim against the manufacturer based on allegations that the manufacturer’s rep was in the OR and negligently directed [...]
Overhead door injures storage unit customer - $160,000 Verdict
Published: July 28, 2008
The plaintiff operated a car detailing business and rented a storage unit from the defendant for his business. On Aug. 25, 2006, when the plaintiff entered the door of his storage unit, the overhead door fell, struck him on the head, and knocked him unconscious.
Several weeks prior to this incident, the plaintiff and two of [...]
Mini-facelift causes scarring, deformities - Defense Verdict
Published: July 28, 2008
Plaintiff, a 43-year-old diabetic, had a mini-facelift procedure performed by Dr. Gary Burton (a plastic surgeon) on April 28, 2004. Plaintiff claimed that informed consent was not adequate and that the suturing and incision locations in front of both ears were negligently performed and too far forward, which constituted deviations from the standard of care.
As [...]
Flimsy railing at restaurant fails to prevent fall - $700,000 Settlement
Published: July 28, 2008
A 34-year-old real estate agent attended a marketing event at an upscale restaurant at the Reston Town Center. The reception was organized by the sellers of a new condominium development, and about 450 agents and clients were invited.
The restaurant was closed for the event, and by 5:30 p.m. 100 or more invitees had queued up [...]
Elderly patient injured because restraints left off - $812,258 Settlement
Published: July 28, 2008
Type of Action: Medical malpractice
Injuries: Elderly patient fell after facility left off required restraint
Court: Williamsburg Circuit Court
Verdict/Settlement: Settlement
Special Damages: Confidential
Amount of Settlement: $812,258.69 (payment of $750,000, plus lien release of additional $62,258.69).
Experts: Confidential
Plaintiff’s Attorney: Avery T. “Sandy” Waterman Jr., Newport News
[08-T-116]
Criminal - Eluding Police - Venue
Published: July 28, 2008
A defendant cannot overturn his conviction for eluding police in violation of Va. Code § 46.2-817(B) with a claim that venue was improper in the City of Newport News, the Court of Appeals holds.
There is sufficient evidence in the record to conclude that venue in the City of Newport News was proper. All the elements [...]
Criminal - Embezzlement - Sentence - Statutory Maximum
Published: July 28, 2008
A defendant convicted of felony embezzlement cannot have her sentence reviewed by the Court of Appeals.
The trial court sentenced defendant to a total of 10 years but suspended five years, six months of that sentence. Thus, defendant’s total sentence, notwithstanding the amount suspended, constitutes exactly half of the maximum punishment for felony embezzlement. As a [...]
Criminal - Felon In Possession - ‘Other Crimes’ - Drug Possession
Published: July 28, 2008
The Court of Appeals affirms defendant’s conviction of possession of a firearm as a convicted felon, despite his claim he was unduly prejudiced by evidence that during a traffic stop, police recovered cocaine from his person and in bags under his feet on the passenger side of the car.
Lee v. Commonwealth (Felton, J.) No. 0713-07-1, [...]
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