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Solo suspended after use of “& Associates” in firm name (access required)

By Peter Vieth
Published: January 7, 2011
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A Virginia Beach lawyer whose advertising made his solo practice look like a multi-lawyer firm has had his license suspended by a three-judge panel in Virginia Beach Circuit Court. The advertising issue was just one of the transgressions charged against Jason M. Head, who was suspended for 30 days, but the judges’ decision adds new [...]

License revoked for lawyer with lunchbox full of cash (access required)

By Alan Cooper
Published: January 6, 2011
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A three-judge panel has revoked the law license of a former associate at Stallings & Bischoff PC who showed up with a Tidewater Tides lunchbox filled with $30,000 in cash and uncashed checks after the firm discovered he was not following its procedures for court-appointed work. Edward Ruffin House worked in the Suffolk office of [...]

Civil Procedure – Written Statement Of Facts – Defendant’s Objections (access required)

By Deborah Elkins
Published: November 24, 2010
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After a seven-day trial that included testimony from several expert witnesses, all recorded by a court reporter, a Virginia Beach Circuit Court says plaintiff’s written statement of facts is inadequate, and the court sustains defendant’s objections. The case upon which the written statement of facts has been filed consisted of seven days of trial, including [...]

Medical, phone records tell tale after mom’s death (access required)

By Alan Cooper
Published: September 27, 2010
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Maritess Lopez didn’t seem to be breathing normally when her brother-in-law picked her up after plastic surgery on her breasts and abdomen in July 2008. He asked a nurse about Lopez’s breathing. Not a problem, the nurse responded. “She’s still under anesthesia.” Thirty-three hours later, the 36-year-old mother of four died from aspiration pneumonia. Her [...]

Plastic surgery patient dies from aspiration pneumonia – $1,950,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: September 20, 2010
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The case involved the death of a 36-year-old mother of four after elective, cosmetic plastic surgery, which comprised breast augmentation and mastopexy, abdominoplasty and liposuction, with five hours of general anesthesia in an outpatient setting. Plaintiff contended that the defendants failed to adequately monitor the patient post-operatively and discharged her prematurely despite reported breathing difficulties. [...]

Insurance – Policy Coverage – Excess Liability – UIM – Employer Policy (access required)

By Deborah Elkins
Published: September 14, 2010
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In this dec action, a Virginia Beach Circuit Court says defendant employee is not entitled to UIM coverage under his employer’s commercial general liability and commercial property policy for the balance of a judgment the employee won after an accident in his personal vehicle while on company business. Plaintiff carrier, GuideOne Mutual, issued a commercial [...]

Girl burned during highlighting of hair, undergoes skin graft – $200,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: September 6, 2010
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Plaintiff, a 14-year-old, went to a hair salon to have her hair highlighted. She had never colored or highlighted her hair before. Defendant hair stylist failed to test the hair color product on a patch of plaintiff’s skin before application. When the plaintiff was placed under a dryer she felt a burn. There was no [...]

Woman bitten in separating her pet from another dog – $250,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: August 30, 2010
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Plaintiff let her dog out into her yard in the morning hours. Defendant’s dog was at large and came into plaintiff’s yard and attacked plaintiff’s dog. Plaintiff jumped on defendant’s dog and separated the animals. Thereafter defendant’s dog turned and bit plaintiff on her hand. Defense claimed assumption of the risk and contributory negligence. Plaintiff’s [...]

Dismissed party can’t be pulled back in appeal (access required)

By Peter Vieth
Published: May 10, 2010
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A defendant dismissed from a general district court action can’t be pulled back into circuit court when a losing codefendant appeals, a Virginia Beach circuit judge has ruled. The new case creates a split in circuit court authority on the issue. In 2007, Alexandria Circuit Judge Lisa B. Kemler held the circuit court had jurisdiction [...]

Real Estate – Foreclosure Sale – Trustee Commission (access required)

By Deborah Elkins
Published: January 4, 2010
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In this 2007 decision on a matter of first impression, a Virginia Beach Circuit Court rejects a trustee’s 5 percent commission of $20,450 for sale of a property at foreclosure, and instead authorizes a “reasonable” fee of $9,180. Wells Fargo Bank held a deed of trust on a property located at 401 Princess Anne Road, [...]

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