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Treatment of colon impaction led to perforation, plaintiff claims – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: March 18, 2013
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Plaintiff, a female in her mid-fifties with a family history of cancer, was referred for colon cancer screening/ colonoscopy in July 2003. The procedure was terminated for fear of perforation. Barium enema was then recommended and performed the following day with noted findings of sigmoid diverticulosis and retained stool. Plaintiff presented to the emergency department [...]

Referendum Request Rejected by Court (access required)

By Deborah Elkins
Published: October 4, 2012
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A motion for protective order filed by the Virginia Resources Authority is rendered moot, says a Shenandoah County Circuit Court, and the court sustains in part and overrules in part the VRA’s plea in bar in the present suit seeking a referendum requiring voter approval for financing of the Rappahannock-Shenandoah-Warren Regional Jail. I sustain the [...]

Father entitled to pay child support with equity in marital home – $25,200 Verdict (access required)

By Virginia Lawyers Weekly
Published: August 13, 2012
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In this case, the parties entered into a written agreement in 2007 that the father would deed to the mother the former marital home in exchange for $300 per month credit towards his child support obligation for seven years, for a total of $25,200. Four years later, the mother sued the father for contempt and [...]

Courts struggle with which parent should pay for private school in divorce (access required)

By Peter Vieth
Published: January 16, 2012
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The Virginia Court of Appeals offered guidelines 16 years ago for judges on when a spouse can be forced to pay for a child to attend private school. But battles over tuition bills have continued in Virginia divorce courts. When a parent questions the obligation to pay the extra money for private school, judges often [...]

Drug-Abusing Parent Loses Rights (access required)

By Deborah Elkins
Published: January 12, 2012
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The Court of Appeals upholds termination of a mother’s parental rights to her three children, a decision supported by mother’s history of substance abuse and the prior removal of the children from the home. After finding that father abused and neglected A. and that mother neglected A., the trial court found that twins E. and [...]

Parties Switch Roles, Split Marital Estate (access required)

By Deborah Elkins
Published: January 11, 2012
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In a 23-year marriage in which wife at first stayed home with the children, then went back to school and worked as a nurse, and husband then stayed home to care for the family and to provide the labor to make improvements on real estate the parties purchased, a Warren County Circuit Court says the [...]

Suit claiming surgery too soon after medication fails – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: November 7, 2011
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Plaintiff was scheduled to undergo percutaneous nephrostomy (PCN) by the defendant, an interventional radiologist. The purpose of the PCN was to provide plaintiff’s urologist access to the left kidney for calculus removal. Plaintiff had a significant past medical history, including coronary artery disease, cardiac catheterization with stenting and pulmonary emboli. He was taking daily Coumadin [...]

Employment – Public Employee – Wrongful Discharge – Bowman (access required)

By Deborah Elkins
Published: September 1, 2010
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A Warren County fraud investigator for a local services department can sue her employer for wrongful discharge under a Bowman exception to the employment-at-will doctrine, based on allegations that her employer prevented her investigation of fraud cases and her cooperation with the prosecutor, and that her grand jury appearance contributed to her termination. I sustain [...]

Tort – Real Estate – Trespass – Boundary Dispute (access required)

By Deborah Elkins
Published: August 20, 2010
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Although defendant did not know he had trespassed on his neighbor’s land when he removed a fence and changed the location of a stream, those actions nevertheless showed a willful and wanton or reckless disregard for the rights of others, and a Shenandoah County Circuit Court says the fence can stay but defendant must relocate [...]

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