Discovery Ordered for Wrongful Death Damages 
By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Negligence, Virginia Circuit Courts
A Fairfax Circuit Court says defendants are entitled to discover the factual basis for plaintiff’s claim of lost income and the documentary evidence to support it, in this wrongful death suit.
Plaintiff alleges defendant convenience store owners were negligent in failing to notify police when an assailant who abducted a woman from a mall parking garage [...]
No Extradition on Deficient Documents
By Deborah Elkins
Published: May 25, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge R. Terrence Ney, Virginia Circuit Courts
A Fairfax Circuit Court denies extradition of petitioner to Florida, as the extradition papers do not accurately state the status of the charges and the alleged offenses, and incorrectly assert that defendant fled Florida to avoid prosecution, when he was on probation and no proof has been offered that he could not leave the state.
In [...]
School Stock Fraud Case Advances
By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Charles James Maxfield, Securities, Virginia Circuit Courts
An investor who thought his $200,000 payment to defendants was buying 40,000 shares in C2 Future stock that would allow expansion of an educational company into Korea, not “office expenses for existing schools,” can sue defendants for an alleged fraudulent scheme in violation of the Virginia Securities Act; the Fairfax Circuit Court denies defendants’ summary [...]
Law Firm Must Detail Guardian Services
By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Leslie M. Alden, Virginia Circuit Courts, Wills & Trusts
On a report by the Commissioner of Accounts and review of these seven cases in which a law firm has served in multiple roles, including guardian, conservator and trustee, for incapacitated persons, the Fairfax Circuit Court orders the law firm to provide detailed descriptions of the services, who performed them and at what hourly rate, [...]
Improper Service in ‘Reopen Case’
By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts
In this domestic relations “reopen case” in which father seeks to reduce support and complains he has been denied visitation, the Fairfax Circuit Court grants mother’s motion for reconsideration of an earlier support modification, as mother did not receive proper notice, and dismisses father’s Rule to Show Cause regarding mother’s alleged denial of visitation.
Essentially, Va. [...]
‘Scope of Employment’ May Cover Wreck
By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Negligence, Virginia Circuit Courts
The estate of an employee who died in an auto accident after being picked up by a coworker, and who sued the coworker and the employer, gets another chance to retry its case, as the Fairfax Circuit Court grants reconsideration and says the evidence clearly showed the coworker was acting within the scope of his [...]
Woman died from blood clot after spinal surgery – Defense verdict
By Virginia Lawyers Weekly
Published: May 21, 2012
Tags: Fairfax County Circuit Court, Judge Leslie M. Alden, Medical Malpractice, Million-Dollar Defense Verdicts, Wrongful Death
Plaintiff’s decedent was a 31-year-old woman admitted to the hospital on Aug. 9, 2007, for spine surgery. While in the pre-operative holding area, she was found to have deep venous thrombosis (DVT) involving three vessels in her right lower leg. The spine surgeon postponed the surgery and sought medical management for the DVT from the [...]
Judge rejects entire defense after spoliation
By Peter Vieth
Published: May 3, 2012
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Personal Injury
Judges can come down hard on litigants who hide or destroy evidence, but they rarely pull the plug on a defendant’s entire liability defense. That’s what a Fairfax Circuit judge did in a supermarket slip-and-fall case that went to trial last year.
Circuit Judge Robert J. Smith lowered the boom on Safeway Inc., after finding the [...]
High court provides primer on preserving objections
By Peter Vieth
Published: April 30, 2012
Tags: Fairfax County Circuit Court, Judge Jan L. Brodie, Justice William C. Mims, Personal Injury, Supreme Court of Virginia News
A major brain injury claim that drew a small verdict from a Fairfax County jury provided an opportunity for the Supreme Court of Virginia to offer guidance to lawyers on preserving objections in a trial court record.
The auto accident victim, Mary Arnold, claimed permanent traumatic brain injury from a 2005 collision but came away from [...]
Plaintiff claimed unauthorized practice of medicine to avoid the cap – Defense Verdict
By Virginia Lawyers Weekly
Published: April 30, 2012
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Medical Malpractice, Million-Dollar Defense Verdicts, Wrongful Death
James Planicka, DDS, suffered a severe heart attack in 2005 at age 65, after which he received an implantable cardioverter defibrillator (ICD). In May 2010, at age 70, he presented to Inova Fairfax Hospital for replacement of the ICD generator. The attending anesthesiologist and Certified Registered Nurse Anesthetist (CRNA) met with the patient before the [...]
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