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Personal Injury

Court properly apportioned personal injury settlement (access required)

Where the Virginia Department of Medical Assistance Services asserted a Medicare lien of more than $96,000 on appellant’s $370,000 personal injury settlement, the evidence supports the trial court’s reduction of the lien to $85,000. Contrary to appellant’s argument, there are ...

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Defendants may argue negligence contributed to accident (access required)

Where a driver and his employer who were sued for allegedly causing a motor vehicle accident that injured the plaintiff both filed answers that explicitly reserved their right to raise contributory negligence as a defense, the plaintiff was on notice ...

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Expert precluded from testifying on amusement park injury (access required)

Where two treating physicians both intended to testify about the future medical needs of a woman allegedly injured at an amusement park, one was excluded as cumulative. Because the excluded physician was no longer treating the woman and her current ...

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Paramedics had immunity in wrongful death action (access required)

Although the circuit court concluded that paramedics who failed to thoroughly read the decedent’s advanced directives were “clearly negligent, and probably grossly negligent,” the court correctly concluded they were entitled to immunity from plaintiff’s wrongful death suit. This is the ...

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