Quantcast

Tag Archives: Judge James V. Lane

Construction injury case reached settlement after mistrial – $1,350,000 Settlement (access required)

The plaintiff was 19 years old when he was injured on July 31, 2007. He was working as a groundsman in Winchester, where his job was to change the massive auger on a piece of heavy equipment called a LoDril ...

Read More »

Ad damnum, defamation cases settled while on appeal (access required)

Don’t look for rulings from the Supreme Court of Virginia in the Spear ad damnum case or the much-litigated defamation claim of a former Raytheon Technical Services Co. executive. Both have been settled under confidential terms, less than two weeks ...

Read More »

Experts agree on need for surgery for injury from low-impact crash – $350,000 Settlement (access required)

Plaintiff, a 42-year-old male, was on his way to a doctor’s appointment for chronic low back pain when he was rear-ended by the defendant. Defendant was employed by Donegal Mutual Insurance Company and was driving a company car on her ...

Read More »

Another circuit judge rejects ‘Spear’ rationale (access required)

Denounced by plaintiffs’ lawyers, the groundbreaking decision in Spear v. Washington Metropolitan Airports Authority has found few friends in the Virginia judiciary. The latest judge to reject the “once-and-for-all ad damnum” rule of Spear is Franklin County Circuit Judge William ...

Read More »

Municipal – Procurement Act – Bid Protest – No Contract Award (access required)

An excavation company cannot use either the Virginia Public Procurement Act or defendant city’s own purchasing manual to establish the court’s jurisdiction for its challenge to the city’s decision not to award a contract on a particular project, and the ...

Read More »

Plaintiffs want to be able to sue for more when refiling after nonsuit (access required)

When a Loudoun County Circuit Court dismissed a p.i. suit in August because the plaintiff asked for more money when she refiled after a nonsuit, plaintiffs’ lawyers went on alert. The Loudoun County case, Spear v. Metropolitan Washington Airports Authority, ...

Read More »

Civil Procedure – Nonsuit – Same ‘Action’ – Ad Damnum (access required)

Although a car-crash plaintiff changed her damages request when she refiled after a nonsuit – from $250,000 compensatory and $350,000 punitive damages to $300,000 compensatory and no punitive damages – her second lawsuit is the same “action” and is timely ...

Read More »

P.i. plaintiffs post win on nonsuit issue  (access required)

The latest battle over nonsuit rights may be heating up across Virginia. A new circuit court case clearly rejects a controversial decision last summer that dismissed a p.i. suit because it was refiled with an increased ad damnum. Last August, ...

Read More »