Judge Edward Hogshire | Virginia Lawyers Weekly

C’ville jury gives $10.5M in wrongful death case

By Peter Vieth
Published: December 16, 2010
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Million-Dollar Verdicts, Personal Injury, Wrongful Death

A Charlottesville jury has awarded more than $10.5 million to family members of a woman fatally injured when a concrete mixer truck fell on her car in 2007. The award ranks among the largest in Virginia arising from a death case. The case went to trial after two failed attempts at mediation and a pitched [...]

Facebook ‘sideshow’ no distraction, lawyer says

By Peter Vieth
Published: December 16, 2010
Tags: Charlotte County Circuit Court, Judge Edward Hogshire, Million-Dollar Verdicts, Personal Injury, Social Media, Wrongful Death

The fight over a wrongful death plaintiff’s Facebook page led to an ugly discovery dispute, with sanctions for the plaintiff’s lawyer for accusing opposing counsel of “hacking” and a spoliation claim for the plaintiff’s deletion of photos from his Facebook page. But the evidence that finally was gleaned from the plaintiff’s Facebook page apparently had [...]

Insurance – Policy Coverage – Fire – Rental Property – Subrogation

By Deborah Elkins
Published: November 24, 2010
Tags: Charlottesville Circuit Court, Insurance, Judge Edward Hogshire, Virginia Circuit Courts

An insurance company, suing as a landlord’s subrogee, cannot sue for breach of the lease agreement after a fire in an apartment rented by four tenants, as the landlord did not pursue remedies under the lease or under the Virginia Landlord Residential Tenant Act, but refunded the tenants’ security deposit after deducting certain costs; but [...]

Civil Protection – Res Judicata – VCPA – Liquidated Damages – Lesser Limitation

By Deborah Elkins
Published: July 16, 2010
Tags: Charlottesville Circuit Court, Civil Procedure, Judge Edward Hogshire, Virginia Circuit Courts

Prior unlawful detainer litigation in general district court is not a res judicata bar against plaintiff buyers’ present action challenging a liquidated damages provision in a residential sales agreement because the lower court could not have had jurisdiction over the liquidated damages claims amounting to $35,000, says a Charlottesville Circuit Court; the court also refuses [...]

Criminal – HO Status – DMV Records – Melendez-Diaz Claim

By Deborah Elkins
Published: July 16, 2010
Tags: Charlottesville Circuit Court, Criminal, Judge Edward Hogshire, Virginia Circuit Courts

A Charlottesville Circuit Court rejects defendant’s Melendez-Diaz claim, and says a DMV record is not testimonial and is admissible without confrontation to prove defendant driver’s HO status, his prior conviction for driving as an HO, and that he had notice of his HO status. When stopped for a traffic violation, defendant admitted he did not [...]

Medical Malpractice – Sovereign Immunity – Childbirth

By Deborah Elkins
Published: May 28, 2010
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Medical Malpractice, Virginia Circuit Courts

A Charlottesville Circuit Court grants a plea of sovereign immunity to two defendant physicians in this medical malpractice suit alleging ordinary negligence in plaintiff’s labor and delivery. Plaintiff alleges defendants deviated from the standard of care in a variety of ways, including failing to estimate fetal weight properly, failing to perform a Cesarean section instead [...]

Medical Malpractice – Sovereign Immunity – Resident Physicians

By Deborah Elkins
Published: May 28, 2010
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Medical Malpractice, Virginia Circuit Courts

Two resident physicians in training at University of Virginia Hospital, in anesthesiology and neurology, respectively, have sovereign immunity from this medical malpractice action filed by a patient who alleges injury from their care, says a Charlottesville Circuit Court. The decision of whether plaintiff should be sent to the ICU or the floor was made by [...]

UVa nurses don’t get immunity

By Peter Vieth
Published: May 13, 2010
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Medical Malpractice

Nurses in a University of Virginia Medical Center neonatal intensive care unit do not have the protection of sovereign immunity from the $2-million claim of a newborn who lost an arm allegedly as a result of an improperly placed catheter line, according to a Charlottesville circuit judge. Judge Edward L. Hogshire’s decision is the latest [...]

Medical Malpractice – Sovereign Immunity – NICU Nurses

By Deborah Elkins
Published: May 7, 2010
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Medical Malpractice, Virginia Circuit Courts

A Charlottesville Circuit Court denies pleas of sovereign immunity by defendant nurses on a med-mal claim alleging one nurse negligently placed a peripherally inserted catheter central line in the premature infant plaintiff’s right arm, and another nurse failed to notice signs and symptoms indicating the line had been negligently placed, which later led to surgical [...]

Patient dies four days after aortic valve surgery – Defense Verdict

By Virginia Lawyers Weekly
Published: December 21, 2009
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Medical Malpractice, Million-Dollar Defense Verdicts

Plaintiff’s decedent was her 18-year-old daughter who suffered from a ventricular septal defect (VSD) with aortic insufficiency and suspected aortic valve incompetence. She sought care from the defendant, a cardiothoracic surgeon, who recommended an elective procedure to correct those problems. During the operation, the surgeon repaired the VSD and determined that aortic valve repair or [...]

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