Traffic Offenses - Implied Consent Statute - Voluntary Test
Published: February 27, 2009
A defendant who appeared intoxicated at a single-vehicle accident on a private road, who volunteered to take a breathalyzer test, loses his appeal arguing that the certificate of analysis was inadmissible under Va. Code § 18.2-268.2(A).
Roseborough v. Commonwealth (Va.Ct.App.) (VLW 009-7-079) (25 pp.)
Attorneys - Legal Malpractice - License Negotiation
Published: February 26, 2009
Although a broadcasting company suing a law firm that negotiated the company’s government contract has three expert witnesses, none of those witnesses can testify that lawyer negligence in this complex transactional work caused the company’s business losses, and the Alexandria U.S. District Court grants summary judgment to defendant law firm in this legal malpractice action.
Star [...]
Negligence - DUI Violations - Punitive Damages - Chiropractic Treatment
Published: February 25, 2009
A Rockingham County Circuit Court upholds a damage award of $80,000 compensatory and $200,000 punitive damages for a teenage girl who incurred $765 in medical expenses and anticipates an additional $10,000 in chiropractic treatment for aggravation of her scoliosis.
Showker v. Kratzer (Rockingham County Cir.Ct.) (VLW 009-8-039) (7 pp.)
Products Liability - Apartment Sprinkler Heads - Statute Of Repose
Published: February 24, 2009
In a case of apparent first impression, a Prince William Circuit Court says that apartment complex sprinkler heads are “ordinary building materials” under Virginia’s statute of repose, and a lawsuit after an apartment fire is barred.
Royal Indemnity Co. v. SimplexGrinnell LP (Prince William County Cir.Ct.) (VLW 009-8-038) (8 pp.)
Domestic Relations - Spousal Support - Parties’ Agreement - Attorney’s Fees
Published: February 23, 2009
A wife loses on summary judgment her request for more spousal support than she gets in the parties’ post-nup agreement, and a Roanoke County Circuit orders wife to pay $1,000 attorney’s fees to husband.
Klos v. Klos (Roanoke County Cir.Ct.) (VLW 009-8-037) (3 pp.)
Cholesterol drug blamed for liver function damage - Defense Verdict 
Published: February 23, 2009
Plaintiff claimed that the defendant internal medicine physician failed to monitor the administration of the cholesterol lowering drug Crestor to her deceased husband by obtaining necessary blood tests to check liver function.
Plaintiff claimed that her husband died from alleged Crestor-induced liver function damage and the failure of his liver. Plaintiff retained an independent medical [...]
Fungal meningitis misdiagnosed as less dangerous type of illness - $650,000 Settlement
Published: February 23, 2009
Plaintiff was a 25-year-old man who reported to the emergency department with a history of an eight-day headache, nausea, vomiting, neck pain and sensitivity to bright lights. The emergency room physician ordered a lumbar puncture. Plaintiff’s spinal fluid appeared cloudy with white blood cells and lymphocytes.
The emergency room physician diagnosed the plaintiff as suffering from [...]
Patient not treated for classic heart attack symptoms - Defense Verdict
Published: February 23, 2009
The plaintiff, a 45-year-old man who weighed 425 pounds, went to the emergency department with a report of the acute onset of chest pain. Plaintiff reported that the pain was like a “vise grip” and felt like someone was “standing on his chest.” He reported that the pain radiated to his left arm and jaw [...]
Pay Freeze: Law firms hold line on expenses in tough economy
Published: February 23, 2009
Law firm associates can plan on the same household budgets this year – Virginia law firms are holding the line on associate salaries, according to law school placement officials.
The trend is nationwide. More than a dozen firms have said they will not raise associate pay this year.
“They’re freezing, which is the only rational thing to [...]
Lobbyist, NYT settle $27M defamation lawsuit
Published: February 23, 2009
Vicki Iseman, the Washington lobbyist who filed a $27 million defamation lawsuit against the New York Times for publishing an article linking her to Sen. John McCain, has settled her claim against the newspaper.
No money changed hands in the settlement, which was reached in exchange for what her attorneys, W. Coleman Allen Jr. and Rodney [...]
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