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Nursing Home Chain Wins Appeal, Gets Fees (access required)

By Deborah Elkins
Published: May 15, 2012
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In this first-impression case construing regulations governing the Medicaid funds a nursing home chain may claim in the aggregate for uninsured losses, a Roanoke County Circuit Court overturns the state agency decision disallowing plaintiff nursing home chain’s nearly $1 million in provider liability costs from the chain’s 2008 cost reports, and awards attorney’s fees and [...]

Nursing home patient broke arm, femur in unwitnessed fall – $6,500,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: April 30, 2012
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An 84-year-old nursing home patient sustained an unwitnessed fall in her bedroom. Plaintiff claimed the fall was caused by the nursing home’s failure to apply and monitor a fall alarm in her bed, which was required by the patient’s care plan. The nursing home staff claimed the bed alarm was used and sounded just before [...]

Nursing home fall nets $6.5M verdict (access required)

By Peter Vieth
Published: April 27, 2012
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A Roanoke City jury returned verdicts totaling $6.5 million for an 84-year-old woman injured in a fall at a nursing home.
With an award of $5 million in punitive damages, the jury evidently sought to punish the owner of the home for a policy that discouraged the use of bed alarms to signal when a [...]

No Virginia Jurisdiction Over Japanese Company (access required)

By Deborah Elkins
Published: September 27, 2011
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A woman who alleges she was injured while operating a saddle stitching machine that a Roanoke company obtained from a Japanese manufacturer through its North American distributor cannot sue the Japanese company in Roanoke City Circuit Court; the manufacturer had no physical locations in the U.S., did not specifically target Virginia, attended no trade shows [...]

No Inverse Condemnation for Leasehold (access required)

By Deborah Elkins
Published: September 12, 2011
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Although a billboard advertising company says its leasehold on land that has been purchased after condemnation by the Roanoke Redevelopment & Housing Authority has been damaged because the Authority is more likely to terminate its leasehold than would a private owner, the Roanoke City Circuit Court rejects the company’s suit for inverse condemnation.
On Nov. 28, [...]

Business Valuation Report Has ‘Palpable Error’ (access required)

By Deborah Elkins
Published: May 9, 2011
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In construing an S corporation’s Redemption Agreement to allow an ailing principal to cash out his shares, a Roanoke City Circuit Court says there is “palpable error” on the face of the independent appraiser’s report, which may let the remaining principals out of that appraiser’s $3.5 million valuation of the money management business.
Plaintiff Peter Dawyot, [...]

Liability Admitted, But no Additur for $0 Verdict (access required)

By Deborah Elkins
Published: May 9, 2011
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A Roanoke City Circuit Court denies plaintiff’s motion for additur in this case in which liability was admitted but plaintiff pleaded no special damages and the jury awarded $0.00.
In Bowers v. Sprouse, 254 Va. 428 (1997), the Supreme Court of Virginia said a jury award that compensates a plaintiff for the exact amount of medical [...]

Lawyer who paid son’s tuition from trust account disbarred (access required)

By Peter Vieth
Published: April 18, 2011
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A lawyer in Salem who paid his son’s school tuition directly from his trust account has agreed to the revocation of his law license.
Steven F. Helm consented to revocation based on Virginia State Bar reports that his trust account “was overdrawn for insufficient funds on several occasions,” that payments to be made on behalf [...]

Negligence – Slip & Fall – Sidewalk Defect (access required)

By Deborah Elkins
Published: November 19, 2010
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A Roanoke City Circuit Court denies summary judgment to defendant city in this suit by a mother who fell and was injured as she was attempting to prevent her child from tripping over the alleged six-inch gap in a city sidewalk; the city’s use of plaintiff’s deposition alone supports denial of the city’s motion.
Defendant acknowledges, [...]

Real Estate – Condemnation – Billboard Lease (access required)

By Deborah Elkins
Published: October 14, 2010
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A Roanoke City Circuit Court denies a petition to dismiss this condemnation proceeding filed by the Roanoke Redevelopment and Housing Authority, filed after the RRHA entered into a settlement agreement with the property owners for $2.9 million, for their conveyance of the property to RRHA, subject to a lease with Lamar Company for its billboard [...]

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