Accrual Question Saved for Trial 
By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Medical Malpractice, Richmond Circuit Court, Virginia Circuit Courts
A Richmond Circuit Court says the parties in this med-mal action alleging failure to diagnose cancer should put on evidence to resolve the statute of limitations issue at trial, rather than trying to resolve it before trial.
I have read St. George v. Pariser, 253 Va. 329 (1997), and Lo v. Burke, 249 Va. 311 (1995). [...]
Landlord Denied Possession of Apartment
By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Real Estate, Richmond Circuit Court, Virginia Circuit Courts
Although bail bondsmen appeared at landlord’s premises to arrest a person at defendant tenant’s apartment, who the landlord says was banned from the property, a Richmond Circuit Court denies landlord’s suit for possession of tenant’s apartment for her alleged violation of the lease.
The constitutionality of the actions of the bondsmen does not come into play [...]
Minor’s Suit is Legal Nullity
By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge J. Overton Harris, Richmond Circuit Court, Virginia Circuit Courts
A minor plaintiff’s suit may not be amended to allow the minor to sue by his next friend, under Virginia law, and the Hanover Circuit Court denies plaintiff’s motion to amend.
The court agrees with defendant and finds the law requires the court to deny plaintiff’s motion to amend. Virginia Code § 8.01-8 states any minor [...]
No Witness Fees for Nonsuit at Trial
By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts
Although Virginia law allows recovery of defense witness fees if a plaintiff takes a first nonsuit within seven days of trial, a Richmond Circuit Court says the statute, Va. Code § 8.01-380(C), does not allow recovery of witness fees for a nonsuit taken during trial.
Defendant objected to plaintiff’s motion to amend and argued that as [...]
No Witness Fees for Nonsuit at Trial
By Deborah Elkins
Published: May 8, 2012
Tags: Civil Procedure, Judge Melvin R. Hughes Jr., Richmond Circuit Court, Virginia Circuit Courts
Although Virginia law allows recovery of defense witness fees if a plaintiff takes a first nonsuit within seven days of trial, a Richmond Circuit Court says the statute, Va. Code § 8.01-380(C), does not allow recovery of witness fees for a nonsuit taken during trial.
Defendant objected to plaintiff’s motion to amend and argued that as [...]
Carrier Wins Punitive Damages
By Deborah Elkins
Published: May 1, 2012
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts
A Richmond Circuit Court denies a motion to set aside a jury award, including $350,000 in punitive damages, to an insurance carrier who sued its former adjuster for fraud and conversion for causing plaintiff to issue checks for property damage claims for work not performed by contractors, to obtain funds for work at the homes [...]
Woman died from injuries sustained in car crash – $1,800,000 Settlement
By Virginia Lawyers Weekly
Published: April 30, 2012
Tags: Million-Dollar Settlements, Richmond Circuit Court, Wrongful Death
This case arose out of an automobile accident which occurred on June 17, 2010 at the intersection of Wilmer Avenue and Chamberlayne Avenue in Henrico County. The intersection was controlled by a traffic light, and two independent witnesses were prepared to testify that the defendant ran a red light, colliding with the plaintiff’s decedent, who [...]
Child with asthma negligently diagnosed and treated for Cystic Fibrosis – $2,000,000 Verdict
By Virginia Lawyers Weekly
Published: April 2, 2012
Tags: Judge Melvin R. Hughes Jr., Medical Malpractice, Million-Dollar Verdicts, Richmond Circuit Court
Plaintiff, a 15-year-old male with mild persistent asthma, was negligently diagnosed with cystic fibrosis (“CF”) and pancreatic insufficiency (“PI”) at the age of five, and treated for the diseases until shortly before his 13th birthday. His diagnoses were never properly confirmed by available testing. After seven and a half years of treatment, defendant’s physician employee [...]
Debtor Has Post-Petition P.I. Claim
By Deborah Elkins
Published: January 30, 2012
Tags: Bankruptcy, Judge Mary Jane Hall, Richmond Circuit Court, Virginia Circuit Courts
A debtor’s claims for personal injury that accrued as of the date of his chapter 7 bankruptcy petition belong to the bankruptcy estate and the Richmond Circuit Court dismisses those claims as filed by debtor; but his claim for malicious prosecutions accrued post-petition, after criminal charges were resolved in his favor, and the court declines [...]
In-house lawyer beats VSB in ethics dust-up
By Peter Vieth
Published: January 20, 2012
Tags: Business, Fairfax County Circuit Court, Judge Melvin R. Hughes Jr., Lawyer Discipline, Richmond Circuit Court, Virginia State Bar
Even though his company was twice sanctioned in litigation with a software supplier, a former in-house lawyer came out almost unscathed in a battle with the Virginia State Bar over ethics charges based on how he handled a multi-million-dollar business dispute.
Stephen T. Perkins – former general counsel for Richmond-based Cavalier Telephone LLC – emerged from [...]
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