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Entries Tagged as 'personal injury'

UIM proposal clears subcommittee

January 26th, 2010 · No Comments · General Assembly, Insurance, personal injury

Simplifying the concept appears to have worked in the initial wrangling over House Bill 93, the effort by personal injury attorneys to streamline cases in which the primary insurer pays its policy limits and additional underinsurance coverage is available for the plaintiff.
The attorneys long have complained that settlement of such cases gets dragged out needlessly [...]

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Nonsuit ruling appealed

December 24th, 2009 · 2 Comments · Supreme Court of Virginia, personal injury

A woman who had her case dismissed because she increased the amount sued for after taking a nonsuit filed a petition for appeal with the Supreme Court of Virginia earlier this month.
Elaine Spear alleged that she fell out of a wheelchair and was injured when a mobile lounge at Washington Dulles International Airport stopped abruptly.
She [...]

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Finger-pointing after patient death leads to lawyer disqualification

December 4th, 2009 · No Comments · Lawsuits, personal injury

When John Charles Sanford died after surgery at the MCV hospital in December 2006, his family found a lot of people to blame, from the medical personnel who treated Sanford to the nurses and security personnel who restrained him when he became delusional.
Two teams of defense lawyers secured their clients’ consent to joint representation.
When [...]

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Slip-and-fall case decided by order

October 26th, 2009 · No Comments · Supreme Court of Virginia, personal injury

The Supreme Court of Virginia probably thinks it has written enough on slip and fall cases that Garlick v. Safeway, Record No. 082469, doesn’t merit more than an unpublished order reinstating a case that had been dismissed on a motion to strike.
The order is here for whatever guidance practitioners may find from it.
The trial judge [...]

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Eliminate sovereign immunity for localities, conference says

October 23rd, 2009 · No Comments · General Assembly, personal injury

The Boyd-Graves Conference voted this afternoon to recommend that the General Assembly extend the Virginia Tort Claims Act to local governments.

 
The committee assigned to study the issue split 5-5, which suggested that a consensus among the full membership of the conference would be unlikely.

 
The conference is composed of lawyers who represent the interests of both [...]

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Travelers bring rash of bed bug claims

June 10th, 2009 · No Comments · personal injury

The corny headline may be a bit premature, but apparently lawyers at the Frith law firm in Roanoke are working up bed bug cases arising from motels along Interstates 81 and 95.  They have some advice to keep from becoming a victim yourself.
Lauren Ellerman advises travelers to check out the furniture on arrival in any [...]

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$7.5 million awarded in Spotsylvania

April 6th, 2009 · No Comments · Medical malpractice, personal injury

A Spotsylvania County Circuit Court jury awarded $7.5 million Friday to the family of a woman who died from breast cancer.
William E. Artz of Arlington, the attorney for the family, contended that a family practitioner and a nurse practitioner were negligent in failing to determine the reason for a lump in the woman’s breast after [...]

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Jury allowed to consider both death and survival claims

January 16th, 2009 · No Comments · Damages, personal injury

The plaintiffs’ bar is the winner today in a case where the defense sought to force a plaintiff to elect between a personal injury claim and a wrongful death claim for the estate of a man who died after acquiring an infection at the defendant hospital.
Because Virginia law allows only one recovery for an injury, [...]

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Court bars “unavoidable accident” instruction

January 16th, 2009 · No Comments · Jury, personal injury

The Supreme Court of Virginia today outlawed the use of the “unavoidable accident” jury instruction in personal injury trials.
Writing for a unanimous court in Hancock-Underwood v. Knight, Justice Donald W. Lemons said, “While in the past we have permitted under rare and specific circumstances an instruction on unavoidable accident, today we join the clear trend [...]

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Virginia’s tort system heavenly?

December 17th, 2008 · No Comments · personal injury

Well, certainly not a Judicial Hellhole as defined by the American Tort Reform Association in its annual report on what it views as the worst places to try a case from the civil defendant’s point of view.
West Virginia takes quite a beating, and Maryland gets slapped around a little, but the only reference to Virginia [...]

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