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Auto accident complicated recovery from recent surgery – $35,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: April 29, 2013
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The plaintiff had undergone a massive panniculectomy and tummy tuck on Nov. 27, 2009. On Dec. 25, 2009, she was involved in a motor vehicle collision where the defendant backed into her and fled the scene. There was minimal property damage and no emergency room treatment. The plaintiff claimed complications and aggravation to a prior [...]

E-filing market open with new app (access required)

By Peter Vieth
Published: April 24, 2013
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After years of delay and planning, a Virginia Supreme Court-designed electronic filing system is finally rolling out this month, as other courts cautiously dip toes in the water by using private vendors to provide the interface between the courthouse and users. The court’s launch of its own e-filing system puts the court in competition with [...]

Defendant Must Share Statement to Carrier (access required)

By Deborah Elkins
Published: April 22, 2013
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A Virginia Beach Circuit Court grants plaintiff’s motion to compel production of defendant’s recorded statement to her insurance company one day after the subject automobile accident, but declines to rule on plaintiff’s request for defendant’s surveillance video of plaintiff without more facts. The statement at issue was taken by the agent of defendant’s insurance company [...]

Assembly trims judge funding plans (access required)

By Peter Vieth
Published: February 27, 2013
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The budget approved by the General Assembly Saturday provides money for unfreezing only five extra judgeships in addition to the 15 proposed in Gov. Bob McDonnell’s proposal. Earlier this month, the House and Senate introduced budget plans that were far more generous to the judiciary. The House proposed filling an extra 17 judgeships and the [...]

Buyer Wins Specific Performance, Can Close Now (access required)

By Deborah Elkins
Published: January 17, 2013
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As the defendant has failed to show by clear and convincing evidence that the plaintiff real estate buyer failed to cancel, rescind or otherwise repudiate the purchase contract, the Virginia Beach Circuit Court grants judgment for plaintiff and orders specific performance of the contract. The main defense of defendant seller is that the buyer cancelled [...]

$7K in medicals, no lost wages claimed in p.i. suit – $40,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: September 24, 2012
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The plaintiff injured his wrist, neck and back when the defendant pulled out in front of him. The plaintiff was treated twice at a local emergency room within two weeks of the accident. After an eight-month gap in treatment, the plaintiff treated with a chiropractor. He continued to work full-time in a manual labor job [...]

Intersection crash led to mild TBI – $190,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: August 27, 2012
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On July 3, 2009, plaintiff was traveling west-bound on Dam Neck Road in Virginia Beach. The defendant ran a red light at the intersection of Dam Neck and General Booth Boulevard as she was making a left turn, and collided with the plaintiff’s vehicle. There was significant front end damage to the plaintiff’s vehicle. Plaintiff [...]

Cancer diagnosed 18 months after mass was first detected – $1,100,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: July 16, 2012
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This was a wrongful death action premised on medical malpractice. The plaintiffs alleged that the defendant radiologist misread, as normal, a Dec. 22, 2007, chest film and a July 31, 2008, X-ray of the decedent’ s left arm, both of which showed a mass in the left lung. The mass was suspicious for cancer, and [...]

Jury finds lender liable for civil fraud and tortious interference – $75,668 Verdict (access required)

By Virginia Lawyers Weekly
Published: June 4, 2012
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Quantum Money LLC was formed in 2009 by a novice real estate investor. The plaintiff identified an attractive investment property and applied for financing through Equity Development Corporation, which at the time was engaged in the business of “hard money” lending, or making “rehab loans” to investors who intended to purchase investment properties and sell [...]

Plaintiff’s seasonal employment at issue in p.i. case – $462,500 Settlement (access required)

By Virginia Lawyers Weekly
Published: May 28, 2012
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This was a clear liability auto accident involving a school bus operated by the defendant. The bus ran a stop sign, striking the right side of the plaintiff’s car. She sustained multiple bruises, contusions, orbital fracture, facial soft tissue swelling and four damaged teeth, which had to be repaired. She had a post-concussive syndrome which [...]

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