Roanoke OBs hit with $9M verdict 
By Peter Vieth
Published: May 24, 2012
Tags: Medical Malpractice, Million-Dollar Verdicts, Roanoke Circuit Court
A Roanoke City jury has returned verdicts totaling $9 million against two obstetricians in a birth injury case where the child’s medical expenses have already exceeded the cap for the child’s recovery under Virginia law.
The child – now 10 – functions at a pre-kindergarten level, according to Jeffrey H. Krasnow of Roanoke, who tried the [...]
No Claim for Fraudulent Inducement
By Deborah Elkins
Published: May 1, 2012
Tags: Judge Clifford R. Weckstein, Roanoke Circuit Court, Tort, Virginia Circuit Courts
A Roanoke City Circuit Court sustains demurrers to plaintiff’s second amended complaint alleging fraud in the inducement and seeking to pierce the corporate veil in negotiation of a loan agreement.
The question remains what it has been: Has plaintiff stated facts sufficient to demonstrate that the Executive defendants owed it a common law duty that arose [...]
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 [...]
Nursing home fall nets $6.5M verdict
By Peter Vieth
Published: April 27, 2012
Tags: Judge Charles N. Dorsey, Million-Dollar Verdicts, Negligence, Personal Injury, Roanoke Circuit Court
A Roanoke City jury returned verdicts totaling $6.5 million for an 84-year-old woman injured in a fall at a nursing home.
With an award of $5 million in punitive damages, the jury evidently sought to punish the owner of the home for a policy that discouraged the use of bed alarms to signal when a [...]
Injured railroad worker sought wage loss recovery under FELA – $4,500,000 Verdict
By Virginia Lawyers Weekly
Published: February 27, 2012
Tags: Judge Jonathan M. Apgar, Personal Injury, Roanoke Circuit Court
On June 13, 2008, Kirk Davis was working as a Remote Control Operator (RCO) in the Roanoke Material Yard when he tripped on a railroad tie, severely twisting his right ankle. His accident was not witnessed. The tie on which he tripped was supporting a stack of rail that was being stored next to the [...]
Railroad employee wins $4.5M for foot injury
By Peter Vieth
Published: February 22, 2012
Tags: Judge Jonathan M. Apgar, Million-Dollar Verdicts, Personal Injury, Roanoke Circuit Court
A Roanoke jury awarded $4.5 million this month to a 43-year-old former railroad worker who claimed his on-the-job foot injury led to permanent pain and disability.
The Feb. 17 verdict came at the end of a five-day trial in Kirk Davis’ suit against the Norfolk Southern Railway in Roanoke City Circuit Court.
Davis was a conductor/engineer for [...]
Nursing home negligence alleged in patient fall – $200,000 Settlement
By Virginia Lawyers Weekly
Published: February 13, 2012
Tags: Negligence, Roanoke Circuit Court
In August 2010, a Southwest Virginia resident was sent to a local skilled-care nursing facility after a knee replacement to receive physical therapy. Upon admission and assessment, nursing staff determined she required a two-person assist on all transfers, and a two-person assist in the bathroom. Notwithstanding the order, one nurse took the plaintiff into the [...]
Hotel Employees Must Answer ‘Safety’ Questions
By Deborah Elkins
Published: December 13, 2011
Tags: Judge Humes J. Franklin Jr., Negligence, Roanoke Circuit Court, Virginia Circuit Courts
In a lawsuit against a long-term care facility that allegedly lost track of a resident who fell down a flight of stairs during a “field trip” to the Homestead Hotel and died 10 days later, a Staunton Circuit Court says two hotel employee must respond to plaintiff’s questions relating to safety policies and procedures at [...]
Family can ask hotel about safety policies
By Paul Fletcher
Published: December 9, 2011
Tags: Judge Humes J. Franklin Jr., Personal Injury, Roanoke Circuit Court, Wrongful Death
The family of a woman who got separated on a care facility “field trip” to The Homestead and died after a fall down some stairs there can ask hotel personnel about the resort’s safety policies and procedures, a judge sitting in Roanoke has ruled.
Christopher W. Stevens, The Homestead’s lawyer, directed two resort employees not [...]
No Comp Lien on Med-Mal Award
By Deborah Elkins
Published: October 21, 2011
Tags: Judge Clifford R. Weckstein, Roanoke Circuit Court, Virginia Circuit Courts, Workers’ Comp
An employee who collected workers’ comp for a broken leg, and then won a $988,500 jury award for his treating physician’s medical malpractice leading to lung damage from a pulmonary embolism, does not have to pay the employer $22,945.77 on its workers’ comp lien filed in the med-mal suit, says a Roanoke City Circuit Court.
Generally, [...]
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