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 [...]
Entries Tagged as 'personal injury'
Nonsuit ruling appealed
December 24th, 2009 · 2 Comments · personal injury, Supreme Court of Virginia
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Finger-pointing after patient death leads to lawyer disqualification
December 4th, 2009 · Comments Off · 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. [...]
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Slip-and-fall case decided by order
October 26th, 2009 · Comments Off · personal injury, Supreme Court of Virginia
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it has written enough on slip and fall cases that Garlick v. Safeway, Record No. 082469, doesn’t merit more than an unpublished order reinstating a case that had been dismissed on a motion to strike.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 [...]
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Eliminate sovereign immunity for localities, conference says
October 23rd, 2009 · Comments Off · 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 [...]
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Travelers bring rash of bed bug claims
June 10th, 2009 · Comments Off · 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 [...]
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$7.5 million awarded in Spotsylvania
April 6th, 2009 · Comments Off · 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 [...]
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Court bars “unavoidable accident” instruction
January 16th, 2009 · Comments Off · 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 [...]
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Virginia’s tort system heavenly?
December 17th, 2008 · Comments Off · 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 [...]
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Verdict inadequate, Supreme Court finds
August 22nd, 2008 · Comments Off · personal injury
The Supreme Court of Virginia apparently believes it has said all that needs to be in Virginia Reports about inadequate verdicts. It issued an unpublished order today affirming an award of a new trial for a woman who said she suffered neck, back and shoulder sprains in a car wreck in Suffolk. County. The first [...]
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Lawyer settles defamation case
June 11th, 2008 · Comments Off · Defamation, personal injury, Uncategorized
Richmond personal injury attorney Jay Tronfeld has settled his lawsuit alleging that a Nationwide adjuster defamed him by telling a client that Tronfeld “just takes people’s money.” The case had been scheduled for trial yesterday in Petersburg Circuit Court, but David P. Baugh, Tronfeld’s attorney, said it was settled under confidential terms. The adjuster also [...]
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