Appeal notices filed in Charlottesville death case
Peter Vieth//November 22, 2011//
The Supreme Court of Virginia will be asked to review a hard-fought Charlottesville wrongful death case where the judge slashed a death verdict by more than $4 million and imposed a record-breaking sanctions award against a plaintiff’s lawyer.
Both sides have filed notices of appeal in the case of Lester v. Allied Concrete Co., according to attorneys in the case.
The case arose from a 2007 accident between a concrete truck and a passenger car that led to the death of nurse trainee Jessica Lester. Last December, a jury awarded widower Isaiah Lester $8.6 million and another $2 million for Jessica’s parents.
After the trial, Judge Edward Hogshire cut the verdict and ordered Lester’s lawyer, Matthew Murray of Charlottesville, to pay $542,000 in sanctions for directing his client to hide embarrassing Facebook photos and then hiding his own role in the effort to bury evidence.
By Peter Vieth
Verdicts & Settlements
- Medical Malpractice – Jurors side with doctor in suit over rescue surgery
- Workers’ Compensation- Seasonal worker paralyzed in tobacco baler accident
- Medical Malpractice- Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Struck in face by forklift, woman suffers brain injury
- Negligence and Tort – Group home resident falls, sustaining femur fracture
- Medical Malpractice – Nursing facility patient dies after fracturing ankle in fall
- Medical Malpractice- Patient has bladder injury during colostomy reversal
- Premises Liability- Apartment guest burned by gas grill spewing fire
- Motor Vehicle Negligence – Physician sustained hand injuries in crash
- Premises Liability- Dog bite injury nets settlement
- Motor Vehicle Negligence – Woman suffers injuries after T-bone collision
Opinion Digests
- Criminal – Court of Appeals wrongly vacated murder conviction
- Tort – U.Va. prevails on former professor’s claims
- Constitutional – Company’s due process claim against county is dismissed
- Administrative – Plaintiffs’ effort to enjoin ITC proceeding fails
- Patent and trademark – Amazon patent infringement suit transferred to New Jersey
- Tort – Chesterfield County dismissed from wrongful death suit
- Consumer Protection – Lawsuit over kratom survives motion to dismiss
- Criminal – Defendant convicted of attempted sexual exploitation of a child
- Evidence – Motion to exclude transmission expert is rejected
- Damages – Court awards pre-judgment interest following parties’ acquiescence
- Employment – Court approves overtime wage collective action settlement
- Search & Seizure – Warrantless search of hotel room safe upheld







