Personal Injury | Virginia Lawyers Weekly

Foot injury limited plaintiff’s employment opportunities – $300,000 Settlement

By Virginia Lawyers Weekly
Published: May 14, 2012
Tags: Personal Injury, Richmond Circuit Court

This case arose out of a motor vehicle accident which occurred on July 9, 2010, on Route 33 in Louisa County. The intersection was controlled by a stop sign which the defendant ran, thereby causing the collision. Liability was admitted.
The plaintiff suffered a bruised aorta and a lis franc injury to the right foot, requiring [...]

No expert fees when a nonsuit is taken at trial

By Paul Fletcher
Published: May 11, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Judge Walter W. Stout III, Personal Injury, Richmond Circuit Court

When a plaintiff takes a nonsuit during trial, the defendant is not entitled to fees and costs for its expert witnesses, according to a Richmond Circuit judge.
The nonsuit statute, Virginia Code § 8.01-380(C), permits the assessment of expert witness fees and costs for a nonsuit taken within seven days of trial. But that statute does [...]

Teen claimed she didn’t know driver was drinking – $175,000 Settlement

By Virginia Lawyers Weekly
Published: May 7, 2012
Tags: Personal Injury, Prince William County Circuit Court

This case stemmed from a motor vehicle accident. Plaintiff was 18 years old and had been at a gathering at her boyfriend’s townhouse. It was alleged that there had been drinking going on, but she contended that she was not aware of this. At approximately 11:00 p.m., everyone at the townhouse decided to go for [...]

Offer was $100K for mild TBI – $725,000 Verdict

By Virginia Lawyers Weekly
Published: May 7, 2012
Tags: Fauquier County Circuit Court, Judge Jeffrey W. Parker, Personal Injury

This is a motor vehicle accident case where the defendant pulled out in front of the plaintiff. As a result of the impact, the plaintiff suffered a mild cervical strain and head trauma. He did not lose consciousness but was disoriented at the scene. He then was transported to Fairfax Hospital where he was observed [...]

Plaintiff may need total knee replacement – $575,000 Verdict

By Virginia Lawyers Weekly
Published: May 7, 2012
Tags: Judge James H. Chamblin, Loudoun County Circuit Court, Personal Injury

This case involved a motor vehicle accident wherein the defendant pulled out from a stop sign into the path of the plaintiff, causing a comminuted tibial plateau fracture. As a result of the fracture, the plaintiff had to undergo a surgical procedure. The plaintiff incurred $53,000 in medical expenses and $9,800 in lost wages.
The plaintiff’s [...]

Judge rejects entire defense after spoliation

By Peter Vieth
Published: May 3, 2012
Tags: Fairfax County Circuit Court, Judge Robert J. Smith, Personal Injury

Judges can come down hard on litigants who hide or destroy evidence, but they rarely pull the plug on a defendant’s entire liability defense. That’s what a Fairfax Circuit judge did in a supermarket slip-and-fall case that went to trial last year.
Circuit Judge Robert J. Smith lowered the boom on Safeway Inc., after finding the [...]

High court provides primer on preserving objections

By Peter Vieth
Published: April 30, 2012
Tags: Fairfax County Circuit Court, Judge Jan L. Brodie, Justice William C. Mims, Personal Injury, Supreme Court of Virginia News

A major brain injury claim that drew a small verdict from a Fairfax County jury provided an opportunity for the Supreme Court of Virginia to offer guidance to lawyers on preserving objections in a trial court record.
The auto accident victim, Mary Arnold, claimed permanent traumatic brain injury from a 2005 collision but came away from [...]

P.I. plaintiff succeeds on second try after mistrial – $200,000 Verdict

By Virginia Lawyers Weekly
Published: April 30, 2012
Tags: Judge Jerrauld C. Jones, Norfolk Circuit Court, Personal Injury

On March 31, 2010, the plaintiff, a 23-year-old resident of Virginia Beach, suffered injuries when his vehicle was forced off the road by an unknown motorist on I-64 and slammed into construction equipment parked on the shoulder. There was no contact with the John Doe vehicle. After a brief investigation, the investigating trooper issued a [...]

Nursing home patient broke arm, femur in unwitnessed fall – $6,500,000 Verdict

By Virginia Lawyers Weekly
Published: April 30, 2012
Tags: Judge Charles N. Dorsey, Million-Dollar Verdicts, Negligence, Personal Injury, Roanoke Circuit Court

An 84-year-old nursing home patient sustained an unwitnessed fall in her bedroom. Plaintiff claimed the fall was caused by the nursing home’s failure to apply and monitor a fall alarm in her bed, which was required by the patient’s care plan. The nursing home staff claimed the bed alarm was used and sounded just before [...]

Crash triggered post-traumatic headaches – $150,000 Settlement

By Virginia Lawyers Weekly
Published: April 30, 2012
Tags: Loudoun County Circuit Court, Personal Injury

The case stemmed from a motor vehicle accident that occurred in Loudoun County. The defendant sideswiped the plaintiff’s vehicle. At the scene, the plaintiff felt a little disoriented but did not seek immediate medical treatment. She later sought treatment after experiencing nausea and headaches. She also experienced mild cervical strain, which resolved, but she continued [...]

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