Negligence - Sovereign Immunity - Agent Of Commonwealth - Medicaid Patient Transport

Published: January 30, 2009

A Medicaid patient who used defendant LogistiCare Solutions LLC for transport for dialysis treatment cannot sue defendant for the alleged negligence of an employee who improperly loaded the patient into a van, causing injury from a leg wound, because LogistiCare has sovereign immunity from the negligence claim, a Fairfax Circuit Court says.
Andrews v. LogistiCare Solutions [...]

Real Estate - Contract - Fraud - Warranty Of Title

Published: January 29, 2009

A defendant in this suit by plaintiff Bear Ridge Developers alleging it was deprived of 875 square feet of its commercial condominium due to improper placement of a wall between two condo units, may sue the third-party defendant bank for breach of a warranty of title in a sales agreement, a Fairfax Circuit Court says.
Bear [...]

#36 (tie) - $1 million

Published: January 28, 2009

Jones v. Big Roc Tool
Type of Case: Wrist crushed by defective jack
Attorneys: Irving M. Blank, D. Wayne O’Bryan, Richmond
Summary: The wrist of a mechanic was crushed at a Hanover County truck stop when a jack failed and a 38,000-pound trailer fell on it. The injury was so severe that amputation was suggested, but plaintiff opted [...]

#36 (tie) - $1 million

Published: January 28, 2009

Smith v. Blevins
Type of Case: Fractured vertebra, ribs and arms from traffic crash
Attorney: Fletcher W. Harkrader III, Charlottesville
Summary: The subcompact vehicle of the 72-year-old plaintiff was hit by a pickup truck. She incurred $428,000 in medical expenses for treatment of fractured vertebra, ribs and arms and surgery on her lower back from an infected [...]

#36 (tie) - $1 million

Published: January 28, 2009

Confidential
Type of Case: Closed fractures to neck, internal injuries and separated shoulder in intersection crash between pickup truck and tractor-trailer.
Attorney: Gregory S. Hooe, Tappahannock
Summary: Plaintiff was a passenger in a pickup truck that was hit by a tractor-trailer when the driver attempted to cross a four-lane divided highway. The driver of the pickup was killed, [...]

#36 (tie) - $1 million

Published: January 28, 2009

Linkous v. Wood
Type of Case: Intersection crash involving a car and a motorcycle
Attorney: Jon Kurtin, Roanoke
Summary: Plaintiff was injured when a car turned left at an intersection in front of the motorcycle on which she was riding. Three bones in her left leg were broken and she incurred medical expenses of $317,000.

#35 - $1.05 million

Published: January 28, 2009

Confidential
Type of Case: Error in prescription for Coumadin
Attorneys: Charles J. Zauzig III, Claire E. Keena, Woodbridge
Summary: Plaintiff, an 80-year-old retired Navy officer, suffered a hemorrhage in the spinal canal that left him a paraplegic with no bowel or bladder control. The hemorrhage occurred because an Army pharmacy gave him 5 mg tablets of Coumandin instead [...]

#31 (tie) - $1.1 million

Published: January 28, 2009

Confidential
Type of Case: Failure to diagnose occult spina bifida
Attorneys: William E. Artz, Andrew J. Waghorn, Arlington
Summary: Infant was born with an appearance that suggested the possibility of occult spina bifida. A radiologist interpreted an ultrasound as ruling out the possibility.
Although problems in the child’s development over the first year also indicated occult spina bifida, it [...]

#31 (tie) - $1.1 million

Published: January 28, 2009

Confidential
Type of Case: Life-threatening injuries from intersection crash
Attorneys: Michael J. Holleran, Reston; William J. Virgulak, Leesburg
Summary: Plaintiff suffered serious injuries when defendant ran a stop sign and struck the truck plaintiff was operating on behalf of his employer. Plaintiff had medical expenses of $544,000 and a workers’ compensation lien of more than $600,000.
Defendant had only [...]

#31 (tie) - $1.1 million

Published: January 28, 2009

Confidential
Type of Case: Neck and ankle fractures from a motorcycle wreck
Attorneys: Lawson D. Spivey III, Edward L. Weiner, Fairfax
Summary: Defendant turned left in front of plaintiff, who was riding a motorcycle. Defendant was cited for failure to yield the right of way and prepaid a fine.
Plaintiff suffered severe fractures of his left ankle and foot [...]

Today's Top Opinion

Civil Procedure - Nonsuit Tolling Provision Saves Informed-Consent Claim
A med-mal plaintiff can include in her re-filed suit, her time-barred claims of failure to perform an alternative procedure and lack of informed consent, as the new claims arise out of the same transaction or occurrence and are saved by the six-month tolling provision, says an Alexandria U.S. District Court.
Dunston v. Huang (VLW 010-3-116) (12 pp.)

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