Owner Can Be Sued For Missing Steps

Failure to treat kidney stone results in sepsis, necrosis – $2,750,000 Verdict

By Virginia Lawyers Weekly
Published: January 7, 2013
Tags: Judge Everett A. Martin Jr., Medical Malpractice, Million-Dollar Verdicts, Norfolk Circuit Court

Plaintiff, age 71, began seeing defendant urologist in June 2008. The doctor identified a 6mm kidney stone and told the plaintiff it would pass. The following month the plaintiff went to the emergency room with renal colic, as the stone had shifted and was blocking the kidney’s juncture with the ureter, but then shifted. Over [...]

Contractor Board Erred on Homeowner Claim

By Deborah Elkins
Published: December 19, 2012
Tags: Administrative, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

A homeowner who won a default judgment against a contractor who accepted $35,000 to build an addition to her house only to have him dig a trench, pour footings and then abandon the job, wins reconsideration of her claim by the Board for Contractors; the Norfolk Circuit Court says the board erred by not considering [...]

Default Judgment Vacated for Defective Service

By Deborah Elkins
Published: December 19, 2012
Tags: Civil Procedure, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk Circuit Court vacates a default judgment entered against defendant on a contract claim, as plaintiff failed to effect personal service at the Norfolk address where defendant has lived since 1990 and constructive service on defendant was defective because the affidavit of service of process did not indicate service included the complaint and summons. [...]

No Damages for Violating Foreclosure Reg

By Deborah Elkins
Published: November 5, 2012
Tags: Judge Everett A. Martin Jr., Norfolk Circuit Court, Real Estate, Virginia Circuit Courts

Although the failure to conduct or arrange for a face-to-face meeting may have been a sufficient basis to stop foreclosure sale of plaintiff’s property, or to impose a regulatory sanction or a nominal damages award, it is not a sufficient ground to award compensatory damages or set aside the completed foreclosure sale to a third [...]

No Amendment to Recoup Funds

By Deborah Elkins
Published: September 10, 2012
Tags: Civil Procedure, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

The Norfolk Circuit Court denies plaintiff agency’s motion for leave to file a second amended complaint, in this case attempting to recoup monies paid to a former public employee. Plaintiff’s motion states it learned on Nov. 2, 2011, that a department of the commonwealth determined it would be obligated to repay monies improperly paid to [...]

Bachelor-party patron can sue for steakhouse stabbing

By Peter Vieth
Published: August 16, 2012
Tags: Judge Everett A. Martin Jr., Negligence, Norfolk Circuit Court, Personal Injury

A man stabbed at a Norfolk bar can sue the bar owner for negligence based on claims that the bar staff ignored several instances of aggressive behavior by the attacker. Norfolk Circuit Judge Everett A. Martin Jr. rejected a bid to toss the lawsuit filed by Benjamin Hoover against the owner of the former Magnolia [...]

Supervisor Not Liable for ‘No-Show’ Worker

By Deborah Elkins
Published: June 25, 2012
Tags: Employment, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk city agency cannot collect contract damages against the supervisor of a “no-show” employee for the money the agency paid the absent employee, a Norfolk Circuit Court says. The court overrules defendant’s demurrer on three grounds: that the contract was too vague to establish a standard to judge defendant George Pratt’s actions; the breach [...]

No Miranda Violation for Presentence Report

By Deborah Elkins
Published: May 16, 2012
Tags: Criminal, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

The commonwealth did not violate an incarcerated defendant’s Miranda rights when a probation officer sent defendant a presentence report form that asked him to describe the crime in detail, and used his response to charge him with another crime; a Norfolk Circuit Court says defendant was not “in custody” under Miranda. Defendant was convicted of [...]

Board Sues Over Pay for No-Show Employee

By Deborah Elkins
Published: April 2, 2012
Tags: Contract, Judge Everett A. Martin Jr., Norfolk Circuit Court, Virginia Circuit Courts

The Norfolk Community Services Board may bring a claim of unjust enrichment against a former employee who continued to collect pay and benefits for 12 years after her suspension, but it may only seek recovery for pay dating from 2008, says a Norfolk Circuit Court holds. Defendant Jill McGlone does not contest that the CSB [...]