Med-mal claim against radiology group reinstated

No ‘Public Road’ Status from Public Use

By Deborah Elkins
Published: January 18, 2012
Tags: Justice Lawrence L. Koontz Jr., Real Estate, Supreme Court of Virginia

Although the general public had for years used a “C.C.C. Road” built in the 1930s by the Civilian Conservation Corps on private property in Highland County, the Supreme Court of Virginia says the trial court erred in finding that plaintiff Friends of the C.C.C. Road had established the road is public solely by virtue of [...]

Looking back on 2011: The year in legal news

By Paul Fletcher and Peter Vieth
Published: December 12, 2011
Tags: Charlottesville Circuit Court, General Assembly, Gov. Bob McDonnell, Judge Edward Hogshire, Judge Thomas D. Horne, Justice Cleo E. Powell, Justice Cynthia D. Kinser, Justice Elizabeth A. McClanahan, Justice Lawrence L. Koontz Jr., Justice S. Bernard Goodwyn, Law Schools, Million-Dollar Verdicts, Sanctions, Supreme Court of Virginia News, Virginia State Bar

The reversal of a 20-year-old noncompete case lead the case news from Virginia Lawyers in 2011. Much of the first half of year featured news from the General Assembly. Officials at the Virginia State Bar sparred with legislators over $5 million that Gov. Bob McDonnell wanted to take. And the Hernandez case – which allowed [...]

No Abatement of Incest Conviction

By Deborah Elkins
Published: November 10, 2011
Tags: Criminal, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia

A defendant who was convicted of sexually abusing his teenage daughter, who died while his appeal was pending, is not entitled to abatement of the underlying criminal prosecution; the Supreme Court of Virginia says the adoption of a policy allowing abatement is up to the legislature, not the courts. Here the court considers what effect [...]

Developer’s Covenant Amendments OK Under POAA

By Deborah Elkins
Published: September 22, 2011
Tags: Justice Lawrence L. Koontz Jr., Real Estate, Supreme Court of Virginia

A homeowners association declaration that allowed the declarant developer to amend the covenants unilaterally was not inconsistent with the Virginia Property Owners Association Act and the Supreme Court of Virginia affirms the trial court’s judgment for defendant association and developer. Lee’s Crossing is a residential subdivision in Loudoun County created in 1999 and is subject [...]

High court reverses $900K award for ER doc

By Alan Cooper
Published: June 14, 2011
Tags: Employment, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia News

The Supreme Court of Virginia has set aside a $900,000 judgment for an emergency-room doctor who said hospital officials pressured her practice group to fire her because she supported disgruntled ER nurses. A Roanoke City jury awarded the damages to Dr. Karen Alldredge, who claimed administrators at Lewis-Gale Medical Center LLC in Roanoke wanted her [...]

No Confrontation Clause Violation from Lab Test Testimony

By Deborah Elkins
Published: June 13, 2011
Tags: Criminal, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia

Testimony by the commonwealth’s medical expert citing a lab test that showed a child sex abuse victim had a sexually-transmitted disease did not violate defendant’s rights under the Confrontation Clause, as reports created for medical treatment purposes are nontestimonial; the Virginia Supreme Court upholds defendant’s conviction for multiple sexual offenses against his daughter, who was [...]

Man Accused of Child Abduction Has Defamation Claim

By Deborah Elkins
Published: April 27, 2011
Tags: Justice Lawrence L. Koontz Jr., Supreme Court of Virginia, Tort

A contractor who was arrested for attempted abduction of a 10-year-old boy who asked for a ride home and got into the contractor’s truck, after a neighbor intervened, told the boy to get out and accused the contractor of trying to abduct the boy, can sue defendant police officer for defamation, but not for malicious [...]

No Adverse Possession of Riparian Rights

By Deborah Elkins
Published: April 27, 2011
Tags: Justice Lawrence L. Koontz Jr., Real Estate, Supreme Court of Virginia

A family that owned a pavilion and piers near the “Public Acre” land owned by Burwell’s Bay Improvement Association along the James River in Wight County has not proven its claim of adverse possession that would permit its challenge Burwell’s Bay’s construction of a pier that would extend into the riparian area that formerly contained [...]

Brain-Scan Suit Timely Under ‘Continuing Treatment’ Rule

By Deborah Elkins
Published: April 25, 2011
Tags: Justice Lawrence L. Koontz Jr., Medical Malpractice, Supreme Court of Virginia

The Supreme Court of Virginia applies the “continuing treatment” rule and says a woman who had seven brain scans performed and interpreted by defendant radiology practice group from 2002 through 2005 for pain and numbness in the right side of her face can sue the group in 2007 for medical malpractice; the Supreme Court of [...]