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The SCoVA Blog

Defendant surgeon’s ‘expert’ testimony was harmless (access required)

Any error in allowing a defendant chest surgeon to testify as an expert was harmless, the Supreme Court said Dec. 12 as it rejected a med-mal plaintiff’s appeal of a verdict for the surgeon. Expert testimony in the case included ...

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New trial awarded for auto-accident damages (access required)

A jury award of $5,649 fell short of an auto-accident plaintiff’s $18,000 in claimed medical expenses, leading the Supreme Court of Virginia to send the case back for a new trial on damages. Stephanie Herring sued Samuel L. Johnson in ...

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Restrictive covenant expired with site redevelopment (access required)

A 14-month lapse in the operation of a discount retail store for site redevelopment allowed a restrictive covenant to expire, opening the door for a new fast-food restaurant in a Waynesboro outlet mall. The restrictive covenant in favor of Waynesboro ...

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Patient form ‘opened the door’ to Medicare inquiry (access required)

A plaintiff’s introduction of a nursing home patient’s status report in a government form allowed the lawyer defending the nursing home to tell the jury that the patient’s bills were paid by Medicare. The “Minimum Data Set” assessment for Medicare patients came into ...

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Court blocks use of consent at dental malpractice trial (access required)

Despite urging from defense attorneys, the Supreme Court of Virginia has declined to make a new exception in its rule against using “risk-of-surgery” discussions in medical malpractice cases. Doctors commonly talk with their patients about the risks of a procedure ...

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Court divided over sovereign immunity, other issues (access required)

With only seven active justices, the Supreme Court of Virginia often speaks with one voice.  Not so last week. The Oct. 31 batch of opinions and orders offered lively controversy on substantive legal issues, plenty of concurrences and dissents and only six unanimous ...

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Court adds rules for judicial evaluations

The Supreme Court of Virginia has added new rules to govern the revived judicial performance evaluation program. Effective Oct. 31, the court added a new Part Nine to the Rules of the Supreme Court with Rules 9:1 and 9:2. The ...

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Mom’s school tardiness convictions reversed (access required)

The Virginia Supreme Court has reversed misdemeanor convictions for a mother who could not get her three children to school on time when they had mid-week overnight visitation with her. Maureen Blake said she and one child had been diagnosed ...

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Justices uphold DUI conviction in driveway case (access required)

In a 4-3 decision, the Supreme Court of Virginia decided a Charlottesville man was properly convicted of DUI after he was found asleep in his car, parked in his private driveway, with the radio playing. The Virginia DUI statute has ...

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No liability for child injured at cookout (access required)

The parent of an 8-year-old girl who was injured while operating an all-terrain vehicle cannot sue the ATV’s owner when the girl’s father was present, gave permission for her use and supervised her efforts, the Virginia Supreme Court said on ...

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