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Tag Archives: Judge Edward Hogshire

Civil Protection – Res Judicata – VCPA – Liquidated Damages – Lesser Limitation (access required)

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 ...

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Criminal – HO Status – DMV Records – Melendez-Diaz Claim (access required)

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 ...

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Medical Malpractice – Sovereign Immunity – Childbirth (access required)

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 ...

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Medical Malpractice – Sovereign Immunity – Resident Physicians (access required)

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 ...

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Medical Malpractice – Sovereign Immunity – NICU Nurses (access required)

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 ...

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Patient dies four days after aortic valve surgery – Defense Verdict (access required)

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. ...

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