Rockingham County Circuit Court | Virginia Lawyers Weekly

Brain tumor symptoms misdiagnosed as anxiety disorder – $1,300,000 Verdict

By Virginia Lawyers Weekly
Published: December 24, 2012
Tags: Medical Malpractice, Million-Dollar Verdicts, Rockingham County Circuit Court

This case involved a claim by a 25-year-old married mother of two young children for failure to diagnose a trigeminal schwannoma, a benign extra-axial brain tumor behind her left eye. The tumor pressed against the nerve fibers of the dura and her trigeminal nerve, the fifth cranial nerve, causing excruciating headaches, photophobia, tongue numbness and [...]

Bank facing sanctions for delays in foreclosure case

By Peter Vieth
Published: October 25, 2012
Tags: Federal Courts, Foreclosure, Judge B. Waugh Crigler, Real Estate, Rockingham County Circuit Court

Lawyers for a struggling Rockingham County homeowner are asking a judge to get tough with Bank of America N.A. for dragging its feet on payment after settling a foreclosure lawsuit. A U.S. magistrate judge entered a sanctions show-cause requiring BoA to explain repeated delays in complying with court orders to carry out the settlement. A [...]

Bad Driving Record Supports Negligent Hiring Claim

By Deborah Elkins
Published: September 6, 2012
Tags: Judge Thomas J. Wilson IV, Negligence, Rockingham County Circuit Court, Virginia Circuit Courts

An auto-accident plaintiff’s allegations about a truck driver’s bad driving record do not support a claim of negligent entrustment, but they do support a claim of negligent hiring and negligent retention, says a Rockingham County Circuit Court. The Supreme Court of Virginia has permitted a plaintiff injured in an automobile accident to recover under a [...]

Hurt flagman can sue trucking company for negligent hiring

By Peter Vieth
Published: August 22, 2012
Tags: Judge Thomas J. Wilson IV, Negligence, Personal Injury, Rockingham County Circuit Court

A construction flagman who was hurt when he was struck on a Rockingham County highway can sue the truck driver’s company for negligent hiring. The victim claimed the driver was hired without formal training, even though he was a convicted felon with a long record of speeding and traffic convictions. While Rockingham County Circuit Judge [...]

Plaintiff’s Recorded Statement Admissible

By Deborah Elkins
Published: May 1, 2012
Tags: Judge James V. Lane, Negligence, Rockingham County Circuit Court, Virginia Circuit Courts

A plaintiff in an auto-accident personal injury case may not exclude a recorded statement she made pertaining to the parties’ auto accident, which was reproduced in a transcript, but the Rockingham County Circuit Court says plaintiff may object during trial should the statement be used for an improper purpose under Va. Code § 8.01-404. Code [...]

Baby born with breathing problems due to meconium – Settlements of $1,800,000 and $1,000,000

By Virginia Lawyers Weekly
Published: December 19, 2011
Tags: Medical Malpractice, Million-Dollar Settlements, Rockingham County Circuit Court

At approximately 20 weeks’ gestation, mother’s obstetrician referred her for an ultrasound of a suspected omphacele or gastroschisis. The ultrasound revealed gastrochisis with a moderate amount of exposed bowel. On April 19, mother presented to the hospital in labor at 38 weeks gestation. From the outset, the electronic monitor tracing of the fetal heart rate [...]

Man, 71, settles suit for $5.1M

By Peter Vieth
Published: August 11, 2011
Tags: Federal Courts, Million-Dollar Settlements, Personal Injury, Rockingham County Circuit Court

A 71-year-old Rockingham County man has settled his lawsuit arising from a 2009 tractor-trailer wreck for $5.1 million. The agreement came only after two failed mediation sessions, and it leaves unresolved whether the plaintiff could use the testimony of a “pain equivalency” expert, who planned to testify the man required as much medication as would [...]

Breaking the streak: Defense scores win in high court

By Peter Vieth
Published: July 28, 2011
Tags: Medical Malpractice, Rockingham County Circuit Court, Supreme Court of Virginia News

A doctor accused of malpractice scored a rare defense win in April when the Supreme Court of Virginia affirmed a trial verdict in his favor. For the past few years, the high court has not been so friendly toward medical malpractice appeals brought by physicians. Before the order upholding the court victory for Harrisonburg orthopedic [...]

Spinal cord damaged during surgery for herniated disk – Defense Verdict

By Virginia Lawyers Weekly
Published: June 6, 2011
Tags: Medical Malpractice, Million-Dollar Defense Verdicts, Rockingham County Circuit Court

Plaintiff, age 35, went to defendant surgeon’s office on March 27, 2009, complaining of gradually worsening neck pain over the past three to four months. He also reported progressively worsening headaches, increasing numbness and tingling on the left side greater than the right and some occasional low back pain. Plaintiff reported that he could hardly [...]

Handymen burned in propane furnace explosion – $2,000,000 and $250,000 Settlements

By Virginia Lawyers Weekly
Published: September 6, 2010
Tags: Judge Thomas J. Wilson IV, Personal Injury, Rockingham County Circuit Court

On the morning of Nov. 10, 2007, two contractors in their early 60s who did handyman work for a mobile home court near Harrisonburg went to the property to examine a propane furnace in one of the units. One of the men, Herman Gentry, who did not have experience in propane furnace work, had enlisted [...]

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