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Parents who lost son denied visits with grandchild (access required)

By Deborah Elkins
Published: May 10, 2013
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A mother could cut off contact between her two-year-old son and his paternal grandparents, whose own son had joint custody of the child, but who died in an auto accident when the grandson was barely two years old. In a case it called “very sad and unfortunate,” the Court of Appeals upheld denial of the [...]

Motorcyclist’s leg crushed when struck by drunken driver – $600,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: December 31, 2012
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On March 26, 2012, the 32-year-old plaintiff was injured while riding his motorcycle on Prince William Parkway. Plaintiff was in a right turn lane when the defendant, driving while intoxicated, drifted into the turn lane and struck the plaintiff’s motorcycle, causing it to fall onto its side, slide off the roadway and hit an embankment. [...]

Woman is permanently disabled after auto accident – $1,900,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: December 17, 2012
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On Nov. 14, 2011, the 45-year-old plaintiff was seriously injured after the driver of a commercial vehicle ran a red light in Bristow and slammed into her car, causing the vehicle to overturn several times. Plaintiff was rescued from her Volkswagen Jetta by emergency personnel using the Jaws of Life extrication tool, and then transported [...]

Dump truck driver struck and killed by train on private roadway – $2,500,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: December 3, 2012
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The decedent was a dump truck driver carrying gravel to a worksite on private land reached by a private road within Prince William County. As the decedent traveled down a dirt road to an unmarked railroad crossing, his view to the right to see any oncoming trains was hindered by a stack of wood that [...]

Wolfe’s lawyers seek to bar retrial of case (access required)

By The Associated Press
Published: November 26, 2012
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McLEAN (AP) A former death row inmate in Virginia whose conviction was overturned on accusations of misconduct by prosecutors is petitioning a judge for his immediate release. Lawyers for Justin Wolfe filed the motion Nov. 16 in U.S. District Court in Norfolk. They argue that Virginia prosecutors have waited too long to retry Wolfe on [...]

Implant became stuck during hip replacement surgery – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: November 12, 2012
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Plaintiff, age 59, underwent left hip replacement surgery with defendant orthopedic surgeon on Oct. 22, 2007. At surgery, the defendant inserted the trial stem implant into the plaintiff’s femur without incident. It advanced to the proper position, i.e., it fully seated. Intra-operative X-rays confirmed the appropriate fit, leg length, etc. After removing the trial implant, [...]

Prosecutor accused of bias in capital case retrial

By The Associated Press
Published: November 2, 2012
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MANASSAS, Va. (AP) — Defense attorneys on Wednesday accused prosecutors in Fairfax and Prince William counties of bias in their efforts to retry a former death-row inmate whose conviction and sentence were overturned by a federal court. Attorneys for Justin Wolfe sought to put on evidence at an acrimonious hearing in Prince William Circuit Court to [...]

Interview With Carrier Is Protected Work Product (access required)

By Deborah Elkins
Published: October 4, 2012
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A plaintiff’s assertion that defendant driver pleaded guilty to a traffic infraction but now contests liability in this auto-accident personal injury suit has not shown a substantial need to obtain a copy of the transcript or tape of defendant’s interview with the insurance carrier, and the Prince William County Circuit Court denies a motion to [...]

Divorce client wins verdict on equitable distribution claim – $167,744 Verdict (access required)

By Virginia Lawyers Weekly
Published: August 20, 2012
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The plaintiff alleged that the defendants, who were plaintiff’s counsel in his divorce and equitable distribution litigation between 2002 and 2005, failed to present evidence and argument to the court which would have resulted in five residential properties acquired during the marriage being classified as entirely plaintiff’s separate property, or part-marital/part-separate. The defendants claimed (1) [...]

Wrongful death due to delay in lung cancer diagnosis – $2,000,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: July 9, 2012
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This wrongful death action was originally filed as a personal injury suit for failure to diagnose lung cancer. The plaintiff died during the pendency of the case, and it was amended to a wrongful death action, prosecuted by two adult children as administrators of the estate on behalf of the four adult children beneficiaries. The [...]

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