Mar. 27 2023 | Virginia Lawyers Weekly

Bar fund pays $71K to reimburse clients

Clients of nine former Virginia attorneys received $71,130 in reimbursement in the most recent round of payments authorized by the Virginia State Bar Clients’ Protection Fund Board.

The board authorized the payments at its Jan. 27 meeting, providing reimbursement on 13 petitions.

The largest approved payment of $35,000 was issued to a previous client of former Richmond attorney David Brooks Hundley. Per the opinion of the CPF Board, Hundley failed to inform his client that he had settled the case without the client’s knowledge or consent. The board further stated Hundley forged the client’s name to the settlement check and did not disburse any of the settlement to the client. Hundley’s license was revoked by consent in 2020.

Three former clients of former Hampton attorney Kevin Peter Shea were awarded $15,000, $7,500 and $2,150, respectively. The $15,000 reimbursement represented a full reimbursement of fees after the CPF Board previously awarded half that amount. Per the CPF Board, new information provided on second review led to the increased recovery. The other two claims from former clients of Shea also were for unearned fees. Shea’s license was revoked in February 2022, five months before his death.

A former client of Jonathan Preston Fisher of Blacksburg received the fourth-largest individual reimbursement, after they were awarded a full reimbursement of $4,250 for unearned attorney’s fees. The board found that Fisher, whose license was revoked in 2021, failed to appear in court to represent the client and did no work on the client’s matter.

Two former clients of Paul Reddick Hedges of Chesapeake received $1,000 and $750, respectively, for partial reimbursements. In this case, the board determined Hedges did sufficient work to earn some of the fees paid by the clients before Hedges’ death. Two former clients of Raul Novo of Richmond also received reimbursements, totaling $1,500, for work left incomplete at the time of Novo’s death.

The remaining four petitions — all matters related to unearned fees — were paid to former clients of Robert Steven Pope, Herbert Lawrence Jackson, Charles James Swedish and Tina Tracy Neyhart. The petitioners received payments of $1,850, $1,000, $800 and $375, respectively.

Jackson and Swedish’s former clients received full reimbursements for advance fees paid, as both died before work was performed on their clients’ cases.

Per the board, Pope was designated as the escrow agent and charged with maintaining funds in escrow for the sale of a home, but misappropriated those funds and was not honest with the petitioner about why the funds could not be disbursed. Pope repaid most of the misappropriated funds but did not repay escrow fees, which the board found he was not entitled to. Pope’s license was revoked in 2021.

Neyhart’s former client was awarded a partial reimbursement stemming from a divorce matter. Neyhart was retained by the client for $750 to obtain a divorce, but Neyhart only obtained a separation agreement, rather than a final divorce. Neyhart’s license was revoked in 2022.

Created in 1976 by the Supreme Court of Virginia, the Clients’ Protection Fund reimburses clients who have suffered quantifiable losses from dishonest attorneys whose licenses have been suspended or revoked or from attorneys who have died and did not properly maintain client funds. Attorneys in Virginia pay an annual $5 fee to support the fund, which is not taxpayer funded.

Character of community nixes homestay exception

A county board of supervisors correctly considered neighborhood character as part of public welfare when it denied a homeowner’s application to rent five of his guestrooms on a short-term basis known as “homestays,” the Court of Appeals of Virginia has held.

The homeowner argued that consideration of neighborhood character as a component of “the public welfare” was unconstitutionally vague, adding that the board acted unreasonably by not hearing expert testimony about the neighborhood.

The Court of Appeals disagreed.

“It is clear that when zoning administrators consider the character of the area as part of their analysis, that consideration falls within the umbrella of their duty to create convenient, attractive, and harmonious communities,” Judge Dominique A. Callins wrote. “Thus, when the Board and their staff considered the character of the area, they properly considered it as part of the public welfare.”

Judges Frank K. Friedman and Randolph A. Beales joined the published decision in The Manors LLC, et al v. Board of Supervisors of Albemarle County (VLW 023-7-092).

‘Small hotel’

Darrick Harris bought a house on two acres in Albemarle County. After making improvements, Harris requested a homestay special exception so he could rent out five rooms from his house.

Albemarle County’s zoning code permits two homestay rentals if the owner lives on-site. After notifying neighbors, the county board of supervisors may grant an exception “upon consideration of the following: (i) There is no detriment to any abutting lot; and (ii) There is no harm to the public health, safety, or welfare.”

The board’s staff reviewed Harris’ request and gave their report to the board. Included were 28 public comments, only two of which supported Harris’ request. Concerns ranged from the out-of-character aesthetic of Harris’ buildings, to increased traffic and parking problems and setting bad precedent. One commenter said the proposed use was essentially a “small hotel” and a party house.

Harris pointed out that another large house was recently built in the neighborhood. Moreover, he would live in the house, only have “occasional guests” and provide adequate parking with rear access to reduce traffic.

The board’s staff found three factors in support of Harris’ request: the distance to the nearest home was 60 feet, the property was “uniquely situated” near other similarly sized properties, and the new fence and gate would provide privacy.

But the staff also found two negative factors. According to the county’s master plan, Harris’ residential zone wasn’t suggested for commercial/tourism development. Also, the number of homestay rooms Harris requested was out of character with the neighborhood.

The staff had concerns about noise, traffic and outdoor activity. Since the increase in rooms “could result in additional activity on the property that cold impact abutting neighbors,” the staff recommended that the board deny Harris’ request.

Request denied

While debating Harris’ request in a hearing, some board members said the exception wasn’t appropriate for the lot size and the proposed use would be too much for the neighborhood. Others felt the lot was big enough and in a unique location. Another, while supporting the special exception grant, voiced concern about the precedent set by granting the application.

When the board denied Harris’ special exception request, Harris appealed to the circuit court, claiming his homestay wouldn’t harm the public health, safety or welfare, nor cause detriment to abutting lots. He testified about improvements he made, including a privacy fencing and soundproofed buildings.

A planner with the county zoning division testified that she generally considered the character of an area when evaluating land use applications. Her analysis about public health, safety and welfare focused on abutting lots, and neighborhood character was considered part of the public welfare. By definition, she said, a dwelling with six or more guest rooms was a hotel.

The county zoning director said he found it would change the character of the area and could cause detriment to abutting lots.

The Albemarle County Circuit Court ruled in the board’s favor, noting that Harris’ house was in a quiet neighborhood where increased noise and traffic were valid concerns.

‘Public welfare’

Callins sought instruction from the statutory scheme behind the county’s ordinance, looking first to its enabling statute, which described the ordinance’s purposes.

“This statute directs that ‘[z]oning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public’ and lists twelve purposes that may be considered by municipalities when enacting zoning ordinances,” she explained. “These purposes include facilitating the creation of a ‘convenient, attractive and harmonious community’ and ‘reduc[ing] or prevent[ing] congestion in the public streets.’”

Here, the ordinance’s enabling statute made the creation of “convenient, attractive, and harmonious communities” a component of the public health, safety and welfare; the same definitions should be used in the statute and the ordinance, Callins said.

“It is clear that when zoning administrators consider the character of the area as part of their analysis, that consideration falls within the umbrella of their duty to create convenient, attractive, and harmonious communities,” she said. “Thus, when the Board and their staff considered the character of the area, they properly considered it as part of the public welfare. We reject Harris’s argument that the Board strayed outside the enumerated factors by considering the character of the neighborhood.”

‘Fairly debatable’

Harris asserted that the board’s denial was unreasonable and unsupported by evidence because the neighborhood was not actually quiet, private and residential.

Callins pointed out that, where a landowner and board have competing evidence of reasonableness that was “fairly debatable,” the legislative act is considered valid.

“A decision is fairly debatable if ‘the evidence offered in support of the opposing views would lead objective and reasonable persons to reach different conclusions,’” she explained.

Callins then said Harris’ misunderstood the burden of proof before the board.

“The Board did not have the burden to prove that Harris’s suggested use was unreasonable,” she said. “Rather, Harris had the burden of persuading the Board to grant him a special exception to use his land in a manner that was not entitled.”

Finally, Callins said the appeals court wouldn’t usurp the lower court’s factfinding role and declined to substitute its own judgment for that of the board. She rejected Harris’ argument that the board should have called expert witnesses because the board could rely on its staff’s report and its own knowledge of the area.

“The public comments, the staff report, and the testimony at trial support this conclusion,” Callins wrote. “Thus, even if we accept Harris’s argument that he introduced probative evidence of unreasonableness, we must still affirm the circuit court’s judgment that the decision whether to grant the special exception was at least ‘fairly debatable.’”

Drugs suppressed after warrantless entry

Evidence discovered during a warrantless search should have been suppressed because the police lacked probable cause or exigent circumstances to enter a man’s apartment, the Court of Appeal of Virginia has held in a published decision.

Judge Doris H. Causey said “flagrant” police misconduct triggered the exclusionary rule. As there was no urgency — or any other valid reason — to justify exigent circumstances, the evidence was subject to exclusion.

“Under the circumstances, a reasonably well-trained officer would have known that warrantless entry into appellant’s apartment was illegal and unnecessary,” she explained. “Failing to impose the exclusionary rule here would reward ‘a “sloppy study of the law.”’ Thus, we hold that the evidence here is subject to exclusion.”

Senior Judge Jean Harrison Clements and Judge Robert J. Humphreys joined Causey in Baskerville v. Commonwealth (VLW 023-7-084).

‘Disorderly’ call

Richmond City police received a 911 “disorderly” call from Selena Dickens about her boyfriend, Quincy Baskerville. She said he was drinking, often violent when drunk and had vandalized their apartment.

Three officers, including Brady Thornton, didn’t find a disturbance when they arrived. Dickens was at her neighbor’s apartment and she returned home without saying she called the police.

Appearing composed and unharmed, Dickens spoke with Thornton outside her apartment. Police noticed Baskerville standing behind the apartment door and asked him to show his hands; he held only cigarettes.

Thornton asked, “Do you mind if we stop in real quick?” Dickens consented, but Baskerville blocked the door and refused to let them enter. Thornton saw a TV lying face-down on the apartment floor.

‘Powder keg’

When Thornton pressed to enter the apartment, Baskerville became agitated. Thornton moved closer and warned him not to raise his voice.

A shouting match between Baskerville and Thornton escalated. Thornton pushed past the door and entered the apartment with two other officers, who restrained Baskerville on the floor while Thornton interviewed Dickens.

Thornton arrested Baskerville for domestic assault after Dickens said Baskerville hit her. Police found heroin and cocaine in Baskerville’s bag.

On trial for drug possession, Baskerville moved to suppress the drugs. The police, he argued, unlawfully entered his home without a warrant and lacked probable cause or exigent circumstances.

The trial court, however, characterized the situation as “a powder keg” and found that exigent circumstances warranted the search. Baskerville’s motion was denied.

Baskerville pled guilty but reserved the right to appeal the denied suppression motion.

Unlawful entry

“The unlawful ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed,’” Causey explained. “At the ‘very core’ of the Fourth Amendment ‘stands the right of a man to retreat into his own home and there be free from unreasonable government intrusion.”

If police have probable cause to enter a home, exigent circumstances may excuse the need for a warrant. However, that can’t be based on a retrospective analysis of the circumstances, the judge pointed out.

“[W]e hold that no exigent circumstances justified the officers’ warrantless entry into appellant’s home,” Causey wrote. “First, there was no urgency requiring immediate entry. … When the police arrived in response to the “disorderly” call, there was no ongoing disorderly conduct or any indication of any other ongoing crime.”

She noted that there were three officers on the scene and they had no reasonable belief that contraband would be found. If the status quo can be maintained while officers seek a warrant, a situation is not urgent.

Causey said there was little possibility of danger to others despite the trial court’s portrayal of the situation as a “powder keg” ready to explode.

“Although appellant became increasingly agitated throughout the encounter, his insistence that the officers not enter his home did not automatically create exigent circumstances or authorize the police to disregard the Fourth Amendment,” the judge wrote. “Neither appellant’s refusal to step outside nor his outburst at Officer Thornton created a genuine possibility of danger to the people present that justified a warrantless entry.”

“The exigent-circumstances exception in the context of a home entry should rarely be sanctioned when there is probable cause to believe that only a minor offense’ is involved. Here, the circumstances surrounding the entry weigh against finding exigency.”

— Judge Doris H. Causey

Even if Baskerville’s threats constituted obstruction of justice, the offense was a nonviolent misdemeanor. Here, the officers were investigating a domestic altercation but only saw property crimes. They didn’t have a reason to believe that Baskerville had committed a violent offense because Dickens reported the domestic assault after they entered.

“‘[T]he exigent-circumstances exception in the context of a home entry should rarely be sanctioned when there is probable cause to believe that only a minor offense’ is involved,” Causey wrote. “Here, the circumstances surrounding the entry weigh against finding exigency.”

As such, the warrantless entry violated the Fourth Amendment. Causey vacated Baskerville’s drug offense and remanded the matter to the Richmond Circuit Court for further proceedings.

In times of crisis, the ‘tug of war’ is over

Conventional wisdom used to go something like this: Lawyers and communicators are trained differently and, consequently, see the world differently, especially during a crisis or any other time of adversity. Attorneys want their clients to say as little as possible, while PR people want to communicate as much as possible.

This accepted fact of business life sustained for decades, with executives often getting caught in a tug of war between their advisors, typically won by the lawyers with the communicators generally pleased to walk away with any sort of moral victory. “We did the best we could” was often the rallying cry rather than “we did the best for our client.” Executives felt torn between the fear of losing big money in litigation while losing incalculably when it comes to reputation.

But here we are in a much different era, for business and communications, and trends point in a direction that lawyers should notice and embrace. That piece of conventional wisdom does not apply nearly as often. The tug of war is essentially over. Legal and communications professionals are collaborating more often and more effectively than ever. Neither won. Both sides dropped the rope and clients are benefiting.

Whether you are a lawyer or a communicator, you have to agree that the defense counsel’s crutch comment in times of adversity “the case is without merit and we will defend it vigorously” just does not work. Clearly, the even worse “no comment” helps nobody. There is a more common understanding now that an actual communications strategy, complete with language that articulates and advances the client’s point of view, is vital to business continuity. It takes attorneys and communicators working together to ensure the proper balance of legal protection and message proactivity.

We all notice, more now than ever, that irreversible changes to society and business have prompted changes in approach. From this vantage point, more lawyers than ever recognize those changes and want communications counsel on the same team to determine strategies that support the legal gameplan. These changes include:

Social media: Audiences expect, and often demand, fast, authentic information from organizations of all sizes and types

Web-based news: No longer is “bad publicity” contained to a local area. Now, news spreads fast and remains searchable, if not permanent, online. Attorneys are realizing what PR pros have long known — news coverage without a client voice leaves a gaping void for adversaries, critics or the public to fill.

Internal communications: In a tight labor market, with a “war for talent,” organizations realize that high-profile matters must be communicated well on the inside to minimize reputational damage on the outside.

For years, I used to write for outlets like this about the differences between “the courtroom versus the newsroom” but there is now a much greater understanding that there are more than just two domains of influence in times of crisis. Often, the courtroom is inevitable and there are ways in which multiple points of view, ranging from media to government to customers to employees, can be addressed simultaneously, for the benefit of the client’s long-term and short term reputational needs.

What used to be something of an arranged marriage between attorneys and communicators has now become, more often, a partnership. Years ago, most often, we were brought in by concerned executives or by in-house communicators who recognized the limits of their experiences. Reactions from attorneys varied. Now, we are more often brought into situations, often even in preparation for a crisis, rather than just reaction, by lawyers themselves, as part of their multi-disciplinary teams.

First-hand examples of recent crisis situations where attorneys have taken the lead in bringing in PR counsel include:

The general counsel of a large organization ensuring outside communications counsel joined the GC in advising a board of directors on quickly and completely informing internal and external audiences immediately after its decision to remove its CEO for cause

Outside legal counsel for a high-profile nonprofit organization engaged specialized PR counsel to advise on how to communicate a public effort by former employees of the organization to generate public pressure designed to motivate the organization’s leader to resign

Attorneys for a property owner where oil leaked into a body of water engaged a public relations professional to help explain what happened to nearby property owners and media

A law firm investigating alleged employee impropriety inside a business encouraged the business owner to retain crisis PR counsel to manage the communication surrounding the investigation

Counsel for a party potentially targeted in the investigation into a fire at a famous building brought a communications strategist into the planning, in case public attention turned to its client.

Like any good relationship, this should be a two-way street. We have found ourselves saying to ongoing clients more often when asked for messaging advice during adversity, “we should involve your legal counsel in this conversation.” Truly, that is in everyone’s best interest. More often now, the attorney’s goal becomes the primary motivation: win the case, settle the case, minimize risk, whatever it may be, but with communications supporting the legal strategy.

You cannot completely plan for a client crisis but you should prepare. You can adjust your mindset to ensure that when something happens, or better yet, when something is about to happen, you are prepared to act. If you follow the trend, that will be with more than just legal advice.

The old lawyer’s mantra, stereotypical or not, of “say nothing” has been replaced by “say the right things.” To do that, it takes collaboration, commitment and most of all, trust. Now, in the best interest of the client, it takes a team, legal and otherwise to earn the shared successes that benefit all of us and most of all, the clients.

Matt Friedman is co-founder of Tanner Friedman Strategic Communications, a Michigan-based public relations firm, for 25 years has served as a frequent communications advisor to legal counsel, senior executives and boards of directors during times of crisis, litigation and change. He is an inductee into the Public Relations Society of America (Detroit Chapter) Hall of Fame.

VLW announces Influential Women of Law for 2023

Virginia Lawyers Weekly is pleased to present the 2023 class of “Influential Women of Law.”

This awards program honors women attorneys and judges for their excellent work on behalf of the justice system and for their clients, their commitment to their communities and their service to the profession.

Please join us in congratulating the Class of 2023:

Miriam Airington-Fisher, Airington Law
Emily C. Baker, Feldesman Tucker Leifer Fidell
Candace Ali Blydenburgh, McGuireWoods
Rosemary Bourne, Office of the Attorney General
Maureen E. Carr, Bean Kinney & Korman
Cynthia Chaing, Chaing Anders
Jennifer Magalhaes Cuddy, Reed Smith
Irene C. Delcamp, Barnes & Diehl
Shannon Dion, Virginia Victims Fund
Ashley Dobbin Calkins, Hancock Daniel & Johnson
Elizabeth M. Ebanks, Ogletree Deakins
Karen S. Elliott, Eckert Seamans Cherin & Mellott
Lee Floyd, Breit Biniazan
Yvette V. Gatling, Littler Mendelson
Megan Martz Gilliland, Kaufman & Canoles
Yvonne T. Griffin, Tucker Griffin Barnes
Andrea J. Harlow, Williams Mullen
Erin M. Harrigan, Gentry Locke
Juliet Hatchett, University of Virginia School of Law
Anne M. Heishman, Fairfax Circuit Court
Carmen Irizarry-Diaz, Greenberg Traurig
Alexandria Circuit Court Chief Judge Lisa B. Kemler
Grace E. Kim, Oblon, McClelland, Maier & Neustadt
Kathryn M. Lipp, Lipp Law Firm
Sarah J. McCoy, Virginia Port Authority
Kailani Memmer, Glenn Robinson Cathey Memmer & Skaff
Tara J. Mooney, Ford Richardson Law
Christy L. Murphy, Bischoff Martingayle
Rhonda Quagliana, MichieHamlett
Nancy Reynolds, Woods Rogers Vandeventer Black
Cameronne M. Taillon, Geller Law Group
Eileen M. Talamante, Goodman Allen Donnelly
Rachel E. VanHorn, Glasser and Glasser
Andrea W. Wortzel, Troutman Pepper
Misty Whitehead, JustLaw

The honorees will be celebrated at a recognition awards event on May 23 at the John Marshall Ballrooms in downtown Richmond.

All of the honorees also will be profiled in a special supplement in the May 29 issue of Virginia Lawyers Weekly.

VLW’s Million-Dollar Settlements of 2022

A personal injury settlement that is believed to be the largest amount ever recovered by a single personal injury plaintiff in Virginia leads Virginia Lawyers Weekly’s compilation of Million-Dollar Settlements of 2022.

The plaintiff, who was injured in a motor vehicle collision in 2019, obtained a $47.5 million settlement.

The second-largest settlement was a condemnation matter involving an 83-acre parcel of land. After a collaborative effort between the parties involved, the case settled in mediation for $21 million.

The third-largest settlement was for $15 million and stemmed from a motorcycle accident that resulted in the plaintiff needing a below-knee leg amputation. Those were the only settlements at or above $15 million.

The annual compilation, which appears inside this issue and on our website, covers the largest settlements reported from across the commonwealth during 2022. To make the list:

The settlement must be for at least $1 million.

The settlement must have been reached in 2022.

The settlement had to have taken place in Virginia or had strong Virginia ties.

Fifty-three settlements met the criteria for this year’s edition. Most of the settlements were related to issues of personal injury, medical malpractice and wrongful death.

We would like to thank the attorneys and their staff who submitted their reports throughout the year. If you have a 2022 million-dollar settlement that is not listed here, please let us know. We will add it to the online version of the compilation so that it can be as complete as possible.

1) $47.5 million

Plaintiff nets record-setting
personal injury settlement

Type of action: Personal injury, auto accident

Name of mediator: Judge Joanne F. Alper (Ret.)

Attorneys for plaintiff: P. Christopher Guedri and Trent S. Kerns, Richmond

Case summary: The plaintiff, a deserving young person, was seriously injured in a 2019 Virginia motor vehicle collision.

Upon information and belief, this $47.5 million settlement is the largest amount ever recovered (i.e., collected) by any single personal injury plaintiff in Virginia. The previous high-water mark is believed to have been $30 million.

As the case was resolved on terms of strict confidentiality, no further information can be publicly disclosed.

2) $21 million

Collaboration nets settlement
in condemnation matter

Type of action: Condemnation

Court: Prince William County Circuit Court

Name of mediator: Judge Robert Woolridge (Ret.)

Attorneys for defendant: Paul B. Terpak and Patrick B. Piccolo, Fairfax

Case summary: This case involved the condemnation from an 83-acre parcel zoned Industrial with by right use for data centers of approximately 21 acres in fee, along with 3.4 acres for stormwater management and drainage, required for the construction of a commuter parking lot built as part of the expansion of Interstate 66. VDOT’s original offer was $4.7 million. After a year of meetings with VDOT and its PPP partner, FAM, the parties were able come to an accommodation involving shared use by the landowner of the stormwater management pond built by VDOT. Susan Shaw of VDOT, and VDOT’s attorney, Jeff Huber, were instrumental in creating an innovative solution which saved millions of dollars in damage to the residue of the landowner’s property. Even so the landowner suffered significant damages because VDOT took the heart of an 83-acre parcel, dividing it into three residual parcels, creating new setbacks, and adding a new road at set elevations which increased the cost of earthwork by several million dollars.

3) $15 million

Motorcyclist’s leg crushed in
accident with delivery truck

Type of action: Motorcycle accident

Attorneys for plaintiff: Kevin Biniazan and Jeffrey A. Breit, Virginia Beach; Don Scott, Portsmouth; Lee Floyd, Richmond

Case summary: Plaintiff was riding a motorcycle in Virginia Beach when a delivery truck turned left and struck plaintiff. Plaintiff’s leg was crushed and he was life-flighted to the nearest trauma center. After a few days of repeated surgeries, the doctors decided a below-knee amputation was necessary. Additionally, plaintiff suffered a fractured femur requiring the placement of an intramedullary rod.

Plaintiff’s past medical bills were approximately $388,000 at the time of resolution. Plaintiff was expected to incur future medical costs, claimed past-future lost earnings, and a lessening of his earning capacity. The total economic damages claimed were between $2 million to $3 million. These figures were contested by the defendants.

The resolution came weeks before trial and after the parties collectively filed and opposed nearly 20 motions in limine related to wages, alcohol, drugs, expert disclosures, and a multitude of evidentiary issues. After a full day of mediation, the case settled for a cash payment of $5 million plus a structured settlement that will pay the plaintiff slightly more than $10 million over his lifetime.

4) $14 million

Settlement reached in childcare sex abuse cases

Type of action: Sexual assault

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Peter Grenier, Washington, D.C.; Chuck Zauzig, Woodbridge; Peter Everett, Fairfax; Alex Levay, Leesburg; Steve Frei, Fairfax; Donna Rostant, Fairfax; Kevin Leach, Burke; Michael Kernbach, Manassas

Case summary: Through these consolidated actions, the parents of nine children sexually assaulted by a teacher at a large regional childcare center brought claims against the childcare company.

The plaintiffs filed suit, relying upon several legal claims, including duty and negligence created by the special relationship between the children and the childcare center.

Since the perpetrator assaulted children while he was otherwise engaged in his responsibilities to care for, protectNe and entertain them, and assist them on the playground, the plaintiffs included claims based on respondeat superior liability.

The complaints sought recovery for common law fraud and violations of the Virginia Consumer Protection Act. The plaintiffs premised such claims on a host of statements they characterized as misrepresentations, which they relied upon in enrolling their children and keeping their children enrolled.

The damages in these cases were extraordinary and deeply troubling. In the aftermath of the assaults, especially as they grew older, these children manifested a host of signature symptoms and psychopathology of sexual assault, severe anxiety and post-traumatic stress disorder.

5) $11 million

Man killed in collision caused
by high-speed police chase

Type of action: Personal injury; wrongful death

Attorneys for plaintiff: Don Scott, Portsmouth; Jeffrey A. Breit and Kevin Biniazan, Virginia Beach

Case summary: Temika Pleas was a passenger in a vehicle driven by her husband, Calvin Majette III. They were struck by a vehicle that had run a red light while attempting to elude the police. Majette was killed on impact and Pleas suffered severe and permanent injuries, including a traumatic brain injury. Pleas was hospitalized for approximately two weeks.

This collision occurred because a police officer violated principles of proper police conduct by engaging in a high-speed chase in a highly trafficked area. The person being chased did not present a danger to the officers or other citizens until the police officer engaged in a dangerous chase. Whether the conduct would or could rise to the level of “deliberate indifference” was hotly debated and contested.

The city of Portsmouth was insured with an $11 million per occurrence policy, which afforded coverage for the collision. The city and the carrier tendered the full coverage of $11 million on the final day of their deadline.

6) $10.1 million

Cooperative effort nets fair
result in condemnation matter

Type of action: Condemnation

Court: Prince William County Circuit Court

Attorneys for defendant: Paul B. Terpak and Patrick B. Piccolo, Fairfax

Case summary: This case involved the condemnation of approximately 24 acres along with four acres for storm water management and drainage required for the construction of a commuter parking lot built as part of the expansion of Interstate 66. VDOT’s original offer was $3,412,518. Two other smaller takings were settled concurrently with the total VDOT offers for the three cases of $3,928,862. The three cases were settled for a collective payment of $10.1 million. The main issue in the case was whether the property was suitable for data center use and the value per acre. Susan Shaw of VDOT and VDOT’s attorney, Jeff Huber, were instrumental in creating an innovative solution which saved millions of dollars in damage to the residue of the landowner’s property. As a result, no damages to the resident were claimed, and the sole issue was value of the property taken. Ultimately this cooperative effort helped lead to a fair settlement of the case.

7) $8.65 million

Misread mammograms resulted
in late diagnoses, death

Type of action: Medical malpractice

Name of mediator: Judge Jane Marum Roush (Ret.)

Attorneys for plaintiff: Stephanie E. Grana and Dascher Pasco, Richmond

Case summary: The 10 women were patients of a defendant radiologist and his practice group. The patients all alleged that their mammograms had been misread over multiple years resulting in a late diagnosis of breast cancer – at an advanced stage with lymph node involvement. Three of the patients died during the pendency of their respective cases. The cases were all resolved at mediation or arbitration after the aggregate limits of coverage were tendered.

8) $6 million

Fall from second story leaves veteran paralyzed

Type of action: Premises liability

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: John M. Cooper, Norfolk; Bailey L. Gifford, Virginia Beach; Jan Hoen, Hampton

Case summary: The plaintiff, a 44-year-old veteran, was rendered a paraplegic after a fall from a second-story structure in Hampton Roads. The complex liability issues were highly contested and technical. The contributory negligence and causation challenges were significant. The case settled for $6 million less than a month before trial and several weeks after mediation. Alan Michaelis of Alcar Multimedia assisted in the mediation and trial preparation.

9) $5 million

Couple killed in accident
involving sheriff’s deputy

Type of action: Wrongful death, auto accident

Attorneys for plaintiff: Jeffrey Breit and Kevin Biniazan, Virginia Beach; Don Scott, Portsmouth

Case summary: The Dangerfield family and Fauquier County have agreed to resolve the wrongful death cases which resulted from a traffic accident between a former deputy in the Fauquier County Sheriff’s Office and Mr. and Mrs. Dangerfield. The county and the Dangerfields agreed to settle the cases for $5 million, the full extent of insurance available for these claims.

The county and Fauquier County Sheriff’s Office confirm retraining on policies for proper operation of vehicles has occurred with all Sheriff’s Office personnel. In addition, this and other policies that relate to the safety of law enforcement personnel and general public have and will be ongoing in the future to help avoid tragedies like this.

9) $5 million

Crash with dump truck leaves
woman permanently disabled

Type of action: Personal injury

Name of mediator: Judge Diane Strickland (Ret.)

Attorneys for plaintiff: Daniel Patrick Frankl, Thomas H. Miller, Dale W. Webb and Jason G. Moyers, Roanoke

Case summary: The plaintiff was struck head on by a fully loaded dump truck, weighing more than 23,000 pounds, whose driver veered into the plaintiff’s lane to avoid colliding with a stopped vehicle. The lead investigator for local law enforcement recalls this accident as being one of the worst accidents to which he has ever responded.

The plaintiff spent four days in a coma in ICU. Diagnoses during the plaintiff’s hospital stay included fractures of her left radius and ulna, a fractured right humerus, a fractured right femur, a left hip fracture, a left tibia fracture, a closed fracture of her sternum, a 2 cm laceration to her left leg, a 5 cm laceration to her right leg, a 3 cm deep laceration to her right knee, a Grade 1 liver laceration, a subscapular inter-cranial hemorrhage, a traumatic brain injury and an injury to her thyroid gland.

The plaintiff has not been able to return to work. It has been noted by her doctors that she likely will never be able to resume gainful employment.

9) $5 million

Man struck by city vehicle while crossing street

Type of action: Personal injury

Court: Charlottesville Circuit Court

Name of mediator: Michael E. Harman

Attorneys for plaintiff: Jonathan T. Wren and Robert E. Byrne Jr., Charlottesville; Kevin W. Mottley and Benjamin P. Kyber, Richmond

Case summary: The plaintiff was traversing East Market Street within a clearly marked crosswalk when he was struck by a car owned by the city of Charlottesville and being driven by a city official, who was going to a meeting. A city police officer witnessed the incident and ticketed the city official for failing to yield to a pedestrian in a clearly marked crosswalk.

The plaintiff had been summoned to appear in court for a return date, and he did not want to miss the court date. At court, he experienced nausea, headache and dizziness. After court, he drove himself to the emergency room. Over the ensuing days, he experienced symptoms of a mild traumatic brain injury. He was diagnosed as having suffered a likely concussion by his primary care physician. In the following months, the plaintiff developed chronic depression and was eventually diagnosed with post-traumatic stress disorder by a psychiatrist and a therapist.

The plaintiff was unable to continue working in the banking and financial services industries, where he had worked most of his adult life.

12) $4 million

Incorrectly manufactured eye drops
caused chemical burns to plaintiff’s eye

Type of action: Medical malpractice, products liability

Attorneys for plaintiff: Matt Broughton and Evans Edwards, Roanoke; Lance Lourie and Andrew King, Atlanta, Georgia

Case summary: Plaintiff, a Ph.D candidate in his 20’s, developed a degenerative eye condition known as keratoconus, where the cornea thins and bulges outward into a cone shape.

Plaintiff underwent a CXL procedure on his right eye. Upon administration of the riboflavin drops, plaintiff experienced excruciating discomfort. Over the next 10 minutes, he lost all vision in his right eye, with the entire surface of his eye turning opaque and white. Investigation revealed that the responsible pharmacy had manufactured the riboflavin drops to an incorrect pH level—they were too alkaline—resulting in a severe chemical burn to the eye.

There was initial concern plaintiff’s right eye would have to be enucleated. He was markedly disfigured. Plaintiff has endured a grueling post-operative course of treatment. A stem cell transplant was performed from his “good” left eye to prepare for a corneal transplant. Most recently, plaintiff underwent a corneal transplant. He is optimistic about restoration of some vision in his right eye.

13) $3.85 million

Car went airborne after striking
dislodged manhole cover

Type of action: Personal injury

Attorneys for plaintiff: Julie H. Heiden and Peter C. DePaolis, Fairfax

Case summary: The plaintiff was a 46-year-old married woman with two children who was seriously injured when her vehicle struck a dislodged manhole cover in a traffic lane of a major interstate, went airborne and struck another vehicle upon landing on the shoulder of the roadway. She suffered a traumatic brain injury, a bicondylar Schatzker type VI tibial plateau fracture that required immediate ORIF surgery, multiple internal injuries including a lacerated liver, grade II lacerated kidney and a grade II lacerated spleen, significant facial lacerations and multiple rib fractures. Medical bills totaled more than $550,000 after four years of treatment with future care approximated as an additional $1.2 million including surgery. The plaintiff has a 32% permanent partial impairment of the left leg. Discovery revealed multiple prior incidents at the same location and little effort made to fix a repetitive problem despite proper notice. An early mediation was held in 2020 and failed. A focus group assisted in identifying both medical and liability issues to consider.

14) $3.5 million

Driver killed in head-on collision on Route 15

Type of action: Wrongful death

Court: Loudoun Circuit Court

Name of mediator: Judge Johanna Fitzpatrick (Ret.)

Attorney for plaintiff: Jason W. Konvicka, Richmond

Case summary: This wrongful death case arose out of a commercial vehicle crash that occurred in Loudoun County. The decedent was driving southbound and the defendant was driving northbound on Route 15. The crash occurred when the defendant swerved to avoid a slower moving vehicle, crossed the double yellow line and crashed into the decedent’s vehicle head-on. The closing speed of the two vehicles was greater than 70 mph. The defendant later pled guilty to reckless driving.

The decedent was transported to the emergency department. Despite fluid resuscitation, he remained hypotensive and a massive transfusion protocol was initiated. Diagnostic studies confirmed traumatic subarachnoid hemorrhages with subcutaneous hematomas as well as fractures of the left iliac wing, manubrium, left C5-7 transverse processes, and multiple ribs bilaterally. Additionally, a laceration of the left kidney was found as well as a left pneumothorax for which a left chest tube was placed.

Given his continued medical challenges, he was transferred to an inpatient rehabilitation facility in Richmond where he died.

15) $3.25 million

Woman killed in accident with sewage truck

Type of action: Wrongful death, personal injury

Attorneys for plaintiff: John C. Shea, Richmond; Lee J. Bujakowski, Hopewell; Ryan T. Walker, Chesterfield; Steven G. Friedman, Charlottesville

Case summary: The decedent, a 78-year-old Hopewell resident, was survived by her husband as well as two grown daughters and a grown son. The decedent and her husband met in high school and were married more than 57 years. The decedent never worked outside of the home but was actively involved in her husband’s career as well as her community.

The decedent was killed on July 1, 2021, while on a trip to the family’s summer cottage. A 2012 Mack tractor-trailer hauling sewage ran a red light, overturned and struck a pickup truck operated by the decedent’s husband. The decedent was a front seat passenger. The decedent died eight hours after this wreck from massive internal injuries. Her husband, although injured himself, held her hand as she died.

Suit was filed but the matter settled shortly after an answer was filed. The family intends to use a portion of the settlement proceeds for the establishment of a scholarship at Longwood University in honor of their wife and mother.

16) $3 million

Engineer injured in head-on collision

Type of action: Personal injury

Court: Loudoun County Circuit Court

Name of mediator: Judge Johanna Fitzpatrick

Attorneys for plaintiff: Juli M. Porto and Robert J. Stoney, Fairfax

Case summary: On Sept. 11, 2020, a young engineer was hit head-on by a driver who crossed the median. The man sustained fractures throughout his body, requiring several surgeries and inpatient rehabilitation. Despite his serious injuries, he made an improbable recovery, due mostly to his determination and dedication to closely following his treatment plan, physical therapy and exercise. He still suffers from residual pain in his left leg and ankle with movement but has returned to work full time without restrictions.

16) $3 million

Cyclist struck by utility van, resulting in TBI

Type of action: Personal injury

Court: Fairfax County Circuit Court

Name of mediator: Judge Alfred D. Swersky (Ret.)

Attorneys for plaintiff: Mark D. Cummings and David E. Sher, Arlington

Case summary: Plaintiff was riding his bicycle from work in Reston. As he rode through a crosswalk, he was struck by a utility van owned by defendant and driven by an employee. He was unconscious at the scene and taken to Reston Hospital Center where he was treated for traumatic brain injury, coma symptoms and fractured right eye socket among other injuries.

The plaintiff was later released from the hospital and had no memory of his three weeks at Reston Hospital. The plaintiff, who up to that time was a highly respected aerospace engineer and a team leader, suffers with compromised executive functioning, loss of attention span, lack of clarity of thought, double vision in his right eye, difficulty completing tasks, trouble with his balance and dizziness.

It is anticipated he will need mental therapy for the foreseeable future. His employer has reduced his responsibilities and he is no longer a team leader in the satellite program. It is anticipated that his employer will retire him at age 65 despite his plans to work until age 74.

18) $2.9 million

Leg amputated after being
crushed between two vehicles

Type of action: Personal injury

Attorneys for plaintiff: Lee Livingston, Anthony Greene and Kyle McNew, Charlottesville; Phil Gardner, Martinsville

Case summary: A furniture delivery truck arrived to the plaintiff’s shared driveway to deliver furniture to plaintiff’s aunt, who lived at the top of the driveway. Once the driver and his helper unloaded the furniture, the driver drove back down the driveway in reverse, without having the helper get out and spot him. The driver made it most of the way down the driveway before driving his passenger-side tires off the side of the road toward a small drop-off, causing the truck to become stuck.

Plaintiff and his grandfather drove down the road to seek assistance from a local lumber mill. The lumber mill sent an employee in a front-end loader to see if it could free the furniture truck. As plaintiff knelt to hook a chain to the truck, the front-end loader rolled down the driveway back toward the truck, pinning plaintiff between the two machines. The front-end loader driver was able to pull forward and free plaintiff, but not before plaintiff’s leg was mangled and his abdomen severely crushed.

19) $2.75 million

Three killed after tractor-trailer
crossed median, struck two vehicles

Type of action: Auto accident

Court: U.S. District Court, Western District of Virginia

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorney for plaintiff: Michael L. Ritchie, Harrisonburg

Case summary: The tractor-trailer crash, which occurred on Jan. 15, 2020, on Interstate 81 near Harrisonburg, killed three and injured two others.

The wreck occurred when the defendant, in this case a tractor-trailer driver for a national trucking company, left the roadway as he traveled northbound on Interstate 81 outside of Harrisonburg, traveled through the median and entered the southbound lanes of travel. The tractor trailer struck a box truck and Honda Civic head-on.

The plaintiff in this case, the driver of the box truck, was killed instantly by the impact. The deceased plaintiff was a husband and father of three and provided financial support for his family.

20) $2.6 million

Man sustained injuries after 15-foot fall from lift

Type of action: Personal injury

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorney for plaintiff: J. Michael Sharman, Culpeper

Case summary: While working as a contractor on a customer’s farm-office, the plaintiff was on a rented hydraulic construction lift operated by one of defendant supplier’s employees, when an abrupt and unexpected move of the lift threw the plaintiff off the lift and caused him to fall 15 feet onto concrete, resulting in loss of consciousness, fractured vertebrae, incomplete quadriplegia and multiple other injuries.

Air ambulance first took the plaintiff for emergency treatment and a few weeks of stabilization in the hospital. Air ambulance next flew the plaintiff to an out-of-state hospital specializing in spinal cord injuries, where he had monthslong treatment.

The rented hydraulic construction lift was built to lift materials, but the plaintiff and one of defendant supplier’s employees rode on the lift in order to help move the heavy and awkward material onto the second story area where it was to be installed. The lift had no handholds and no belts to secure anyone who did ride the lift. Defendant supplier’s employee was able to stay on the lift when the plaintiff fell.

21) $2.1 million

Plaintiff suffered acute hypoxic
event following procedure

Type of action: Medical malpractice

Name of mediator: Judge Michael C. Allen (Ret.)

Attorneys for plaintiff: W. Randolph Robins Jr. and Michael W. Lantz, Richmond

Case summary: The plaintiff contended the decedent, who had a rare but well-recognized medical condition, suffered an acute hypoxic event following emergence from anesthesia associated with a routine bladder procedure. The plaintiff contended that the anesthesia staff negligently failed to communicate with one another during a shift change regarding the patient’s underlying health condition. The plaintiff also alleged that the anesthesia team responsible for extubating the patient simply did not monitor her airway after removing the endotracheal tube and transporting her to the recovery room. The patient suffered an arrest in the recovery room and never recovered. The beneficiaries were her adult parents and siblings. The defendants filed pleadings denying liability and requested mediation. The plaintiff informally provided the defendants with medical information as well as a compilation of family interviews edited by Reid Attaway at VideoWorks. The case settled at mediation.

22) $2 million

Man injured helping coworker
with broken-down vehicle

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Name of mediator: Commissioner William Dudley (Ret.)

Attorney for plaintiff: Lauren Carroll, Richmond

Case summary: The claimant was severely injured after helping a coworker restart his broken-down vehicle in the employer’s parking lot a couple of hours after clocking out.

22)$2 million

Pedestrian suffers serious
injuries in hit-and-run

Type of action: Auto accident, personal injury

Court: Richmond Circuit Court

Attorneys for plaintiff: John C. Shea and Tara A. Enix, Richmond

Case summary: The plaintiff was a 21-year-old male pedestrian who was hit by a work van while walking on a pedestrian path off Walmsley Boulevard in Richmond. The defendant driver failed to stop after striking plaintiff and fled the scene. The plaintiff’s cousin was with him at the time of the wreck and observed identifying details of the van. Surveillance footage from local stores caught the van and aided in identifying the driver and his employer. Additional footage placed the driver near the scene immediately following the wreck and showed damage to the van.

The defendant was charged with felony hit and run. At his criminal trial the defendant entered an Alford plea.

The plaintiff was transported to VCU Medical Center where he underwent multiple emergency surgeries. He was hospitalized for 18 days. Once discharged, the plaintiff needed significant assistance and required extensive additional medical care including but not limited to additional surgeries and dental repairs.

22) $2 million

$2M recovery for injured roofer
with catastrophic injuries

Type of action: Workers’ compensation

Court: Virginia Workers’ Compensation Commission

Attorneys for plaintiff: Richard H. Talbot and Geoff McDonald, Richmond

Case summary: The claimant was paralyzed from the waist down when he fell from a roof he was working on. The claimant was working for an uninsured general contractor. The claim initially included the Uninsured Employer’s Fund, or UEF. However, once it was determined that an insured general contractor contracted the roofing job to the uninsured independent contractor, the insured general contractor ultimately agreed that they would legally be liable as the claimant’s statutory employer if the claimant was able to prove he suffered a compensable work accident. The general contractor and its insurance carrier alleged the claimant’s injuries were the result of his failure to wear the proper safety equipment.

The defendants made an initial offer of $500,000 in a lump sum, and a $1 million medical annuity with a reversionary interest. Ultimately, the parties agreed to settle the claim for $2 million in a lump sum, with the carrier agreeing to pay the Medicaid lien. The parties agreed that the settlement proceeds would be placed into an irrevocable settlement preservation trust, with no reversionary interest.

22) $2 million

Driver paralyzed, passenger killed
after being struck by tractor-trailer

Type of action: Negligence

Attorneys for plaintiff: Matthew W. Broughton, Andrew M. Bowman and Andrew D. Finnicum, Roanoke

Case summary: A tractor-trailer struck plaintiff’s vehicle from behind. The impact was so severe that it crushed plaintiff’s vehicle into the stopped traffic in front of her, killed her passenger, and left the plaintiff paralyzed from the waist down.

The defendant trucking company immediately offered to split its $1 million policy between the plaintiff and her passenger’s estate. Plaintiff rejected the offer and hired Gentry Locke to file suit. In response, the trucking company defendant threatened bankruptcy. Despite the defendant’s alleged inability to pay, plaintiff continued to prepare for trial with a team of experienced trucking negligence and bankruptcy counsel. Weeks before trial, the defendant trucking company offered an additional $1.5 million above the available insurance coverage to settle the case.

26) $1.8 million

Woman sustained spinal cord
impingements after accident

Type of action: Auto accident, personal injury

Name of mediator: Judge James Marum Roush (Ret.)

Attorneys for plaintiff: Leila H. Kilgore, Fredericksburg; Francis Hajek, Charlottesville

Case summary: The crash involved a car struck in the rear by a van with very little damage to the plaintiff’s Saturn. The plaintiff immediately complained of neck pain and went directly to the emergency room after the crash. Within the first two days, the plaintiff’s complaints of neck pain were at an 8/9 out of 10. Three months later, an MRI showed a syrinx in the middle of her spinal cord from C5-T1. She underwent pain management treatments without any pain relief other than for a few days at a time. The plaintiff was unable to return to work due to debilitating pain.

The treating neurosurgeon opined that the syrinx was caused by the motor vehicle crash.

The plaintiff’s treating doctors and experts opined that the crash either caused the syrinx or it was an aggravation of an asymptomatic pre-existing condition.

The range for expected results was between $1 million and $5 million. The case settled at mediation for $1.8 million.

26) $1.8 million

Motorcyclist injured after
colliding with turning truck

Type of action: Auto accident

Court: Prince William Circuit Court

Attorney for plaintiff: John D. Whittington, Manassas

Case summary: In October 2019, plaintiff was lawfully stopped on his motorcycle at an intersection in Prince William County. At the same time and place, the defendant entered the intersection on a green ball turning left without warning directly into the path of plaintiff’s motorcycle. Plaintiff then struck the defendant’s truck.

28) $1.75 million

Child’s arms, legs crushed by recreational equipment

Type of action: Product liability

Attorneys for plaintiff: Greg Webb and Lisa Brook, Charlottesville

Case summary: This was a product liability claim based on a design defect and inadequate warnings. A 20-month-old child was injured by recreational equipment used by a parent in the family home. The equipment crushed her arms and legs, requiring hospitalization and surgery. Fortunately, the child healed from her wounds and is expected to lead a life without physical limitations by her doctors.

29) $1.7 million

71-year-old pinned to wall in ‘pedal error’ accident

Type of action: Auto accident, premises liability

Attorneys for plaintiff: Lawson D. Spivey III, Edward L. Weiner and Paul R. Pearson, Fairfax

Case summary: The plaintiff, a 71-year-old woman, was exiting a retail establishment in a shopping center as an 89-year-old man was driving into a handicapped parking space near the entrance of the store. The driver’s foot slipped off the brake and onto the accelerator. His car accelerated forward and pinned the woman against the brick wall of the store.

The handicapped parking space had no protective devices that would have stopped or slowed the car. The defendants included the driver, the shopping center owner and the store closest to the handicapped parking space.

As a result of the impact, the plaintiff suffered severe trauma to her left leg and foot, which were pinned against the wall. She had major blood loss because of a dissection of popliteal artery in left leg, nerve damage and extensive scarring. She had no pulse in her left foot when she arrived at the emergency room. Various surgeries were required, including skin grafting. The shearing injuries left the plaintiff with a permanent limp and foot drop. Plaintiff’s specials totaled $468,704.57.

30) $1.65 million

Patient’s pelvis, acetabulum fractured during surgery

Type of action: Medical malpractice

Name of mediator: Judge Michael C. Allen (Ret.)

Attorneys for plaintiff: Irving M. Blank and Keith B. Marcus, Richmond

Case summary: A 77-year-old went in for right hip replacement. During the procedure, the surgeon fractured the patient’s acetabulum and pelvis. Intra-operative images taken during the course of the surgery determined that the misplaced cup was well into the acetabulum. Notwithstanding, the surgeon finished the procedure and the patient was sent to post-op. When the patient could not place any weight on the hip, CT scans showed the severe pelvic and acetabulum fractures. The patient had more than $550,000 in medical bills.

The patient had six major surgeries, two minor surgeries and injections in an attempt to salvage the hip. Eventually, a Girdlestone procedure was performed which left the patient with a permanent, severe limp and pain while ambulating. She is required to use a wheelchair for most ambulation.

The cases settled three months prior to a scheduled five-day trial in Fairfax County.

31) $1.6 million

School bus rear-ended van, injuring passenger

Type of action: Personal injury

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Stephen M. Smith and C. Stewart Gill Jr., Hampton

Case summary: The plaintiff was a passenger in a van which was rear-ended by a school bus. The plaintiff suffered from a mild traumatic brain injury, a large, extruded disc at C5-C6 with radiculopathy, left ankle derangement and a right shoulder rotator cuff tear. The plaintiff received surgery on his C-5-C6 disc extrusion and his rotator cuff. The plaintiff had previously been diagnosed with a minor rotator cuff tear but had elected to defer surgery. This incident exacerbated his rotator cuff tear and forced him to have surgery. He also had surgery for his left ankle injury nearly three years after the crash.

32) $1.5 million

Tractor-trailer stopped in middle
of I-95, leading to collision

Type of action: Auto accident, personal injury

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Penn Crawford, Richmond; Joe Fried and Nathan Gaffney, Atlanta, Georgia

Case summary: The defendant’s tractor-trailer sideswiped a compact car on Interstate 95 South. The compact car followed the defendant’s tractor-trailer in an effort to get the truck to pull over, swerving in front of the truck on occasion. This went on for nearly three miles. Rather than exiting, the defendant truck driver brought his vehicle to a stop in the middle of I-95. Moments later the plaintiff’s moving van collided with the back of the tractor-trailer.

The case settled with the tractor-trailer’s carrier with the assistance of the Hon. Thomas S. Shadrick of The McCammon Group in a pre-suit mediation approximately one year after the collision. Medical Management Resources prepared a multimedia presentation. Sharon Reavis created a life care plan. Amicus Visual Solutions prepared medical illustrations and animations. After mediation, the carrier for the compact car tendered their limits for an additional $100,000.

32) $1.5 million

School bus collides with stopped limo, causing injury

Type of action: Personal injury

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: John E. Zydron and Michael J. Woods, Chesapeake

Case summary: A school bus driver was in route to school to pick up children and return them home. While traveling 37 mph, according to the bus GPS, she was near the peak of the bridge approaching a limo that had come to a stop due to traffic. The bus driver was looking at a rain cloud in the sky when the bus rammed the limo with such impact that the nuts and bolts holding a captain’s chair to the frame were sheared off, releasing the chair from the frame. The radio in the dash was ejected out of the dash onto the front seat. The limo driver and three passengers were all injured. The plaintiff herein was a 68-year-old female who had retired. Her neck was broken. She was transported to the emergency room where she had immediate surgery. This surgery was not successful. The plaintiff underwent a second surgery the following week with favorable results. The plaintiff was affected emotionally, psychologically and medically.

32) $1.5 million

Permanent neck injury, risk of
paralysis after treatment delay

Type of action: Personal injury, negligence

Attorneys for plaintiff: James “Jim” W. Haskins and Scott C. Wall, Martinsville; Anthony M. “Tony” Russell, Roanoke

Case summary: The patient was involved in a high impact motor vehicle collision and diagnosed with a closed displaced fracture of the shaft of the right clavicle and discharged home for outpatient follow-up.

The patient followed up as an outpatient with providers for ongoing problems. The patient was diagnosed with and treated for acquired torticollis secondary to the motor vehicle collision.

The patient’s problems continued and worsened, after which the patient sought a second opinion at another medical institution, where the patient was immediately diagnosed with atlantoaxial rotary displacement.

Initial conservative care was attempted but due to the long period of time the atlantoaxial rotary displacement was not diagnosed and treated, the patient required a solid instrumented fusion from the base of the skull to C3.

The patient had a good outcome from the surgery but is at danger of paralysis from any neck/head injury and has some permanent limited range of motion of the neck.

The parties entered into direct settlement negotiations that led to settlement before any discovery, other than written discovery, was conducted.

32) $1.5 million

Motorcyclist sustained multiple
fractures after collision

Type of action: Personal injury

Court: Fauquier County Circuit Court

Attorney for plaintiff: Boris Kuperman, Fairfax

Case summary: On Sept. 28, 2020, Runion was operating a motorcycle in Fauquier County approaching the intersection of Marsh Road and Ritchie Road. As Runion reached the intersection, the defendant pulled directly into his path.

Runion collided with the rear right of the defendant’s vehicle and was thrown from the seat of his motorcycle.

Runion was transported via medical helicopter and would spend the next few weeks at the hospital. He suffered fractures to his thoracic spine, pelvis, left forearm, right forearm, left lower leg, right lower leg and his right thumb. He suffered a collapsed lung, acute kidney failure, blood loss, anemia and multiple laceration/abrasion wounds. Additionally, Runion underwent five surgeries to address his multiple injuries.

Runion faced, and still faces, a long road to recovery. He would go on to experience multiple more surgeries, and over a year of nearly continuous physical therapy.

Plaintiff’s counsel demanded the defendant’s policy limits of $1.5 million.

A lawsuit was filed to toll the statute of limitations. The case was settled for the defendant’s policy limits shortly thereafter.

32) $1.5 million

Hotel allegedly failed to call timely medical assistance

Type of action: Wrongful death., premises liability

Attorneys for plaintiff: Elliott Buckner, Scott Bucci and Jeff Stedman, Richmond; Eugene Rome and Sridavi Ganesan, Los Angeles, California

Case summary: Plaintiff’s decedent died at a Virginia hotel. The plaintiff alleged that the hotel staff failed to timely summon emergency medical assistance. Plaintiff’s decedent had one minor beneficiary.

32) $1.5 million

Plaintiff struck by box, fell into glass door

Type of action: Personal injury

Court: Hampton Circuit Court

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Stephen M. Smith, Howard P. Smith, David B. Holt, C. Stewart Gill Jr. and C. Darden Barrett Jr., Hampton

Case summary: An employee of the defendant company negligently caused a box to strike the 68-year-old plaintiff in the head. The strike from the box knocked the plaintiff’s head into a glass door and caused her to fall to the floor. The plaintiff had an extensive pre-existing psychiatric history. As a result of the impacts the plaintiff incurred, she sustained a mild traumatic brain injury.

38) $1.475 million

Man injured after tripping
over displaced cement slab

Type of action: Personal injury

Court: U.S. District Court, Eastern District of Virginia

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Robert Stoney, Juli Porto and Matthew Tsun, Fairfax

Case summary: The plaintiff is disabled with rheumatoid arthritis. He was walking in an outdoor retail courtyard when he tripped over a displaced cement slab, striking his left elbow. His elbow fracture became infected and required elbow replacement surgery. The area had been the subject of several repairs caused by settling fill dirt. The elevation change was less than one inch. The plaintiff claimed that the courtyard violated the Virginia Uniform Statewide Building Code.

39) $1.4 million

Patient’s metastatic prostate
cancer not timely treated

Type of action: Medical malpractice

Name of mediator: Judge Johanna Fitzpatrick (Ret.)

Attorneys for plaintiff: Wallace B. Wason Jr. and Michele Bartoli Cain, Alexandria

Case summary: After being diagnosed with prostate cancer, the patient underwent a radical prostatectomy. Following the surgery, he was followed by his surgeon for several years, then released to his primary care provider for serial monitoring.

For patients who have had their prostate removed, the PSA test results should be < .2 ng/ml. Initially, the patient’s PSA was within that range. Over a period of years, the PSA rose but the patient was not informed of the rising PSA results or their significance. Eventually, the patient logged in to his patient portal and found his elevated test results. That led to his diagnosis with extensive metastatic disease.

Plaintiff alleged that the defendant breached the standard of care by failing to order enough PSA testing and by failing to properly interpret and act upon the abnormal PSA test results that were reported to the defendant.

The patient passed away at age 65, approximately five weeks after the case was resolved at mediation.

40) $1.25 million

Man sustained traumatic brain
injury in T-bone car crash

Type of action: Personal injury

Attorneys for plaintiff: Joseph L. Cantor, Richmond; Michael Johnson, Alexandria

Case summary: Plaintiff was T-boned by the defendant at an intersection in Loudoun County on Aug. 3, 2017. Liability was not contested, as the defendant did not have a memory of the impact itself, or the moments immediately before or after. Plaintiff lost consciousness in the crash and was later diagnosed with a mild traumatic brain injury. He treated with a neurologist for two months and participated in several months of physical and vestibular therapy. He also remained out of work for about two weeks, returned on a part-time basis for several weeks after that, and returned to work full-time thereafter.

Plaintiff continued to have problems from his brain injury over the following year, but he did not seek further treatment until July 2019, when he saw another neurologist. That neurologist ordered an MRI, which showed white matter lesions scattered throughout the frontal and parietal lobes of plaintiff’s brain. Plaintiff also underwent a neuropsychological evaluation, which revealed numerous cognitive deficits that the neuropsychologist related to the brain injury he sustained in the crash.

41) $1.237 million

Two killed after tractor-trailer
crashed into stopped vehicles

Type of action: Wrongful death

Attorneys for plaintiff: Matthew W. Broughton, Andrew M. Bowman and Andrew D. Finnicum, Roanoke

Case summary: Plaintiff’s decedent was traveling home from work when he was confronted with stopped traffic in front of him. He safely stopped his vehicle, and the vehicle behind him safely stopped as well. The defendant, a tractor-trailer driver with a history of safety violations, failed to timely react to the stopped traffic, swerved, and lost control of the truck. The defendant crashed into two vehicles, killing both occupants.

The trucking company defendant was significantly underinsured. On initial intake of the case, the available liability insurance was insufficient to cover the plaintiff’s workers’ compensation lien and future offset of workers’ compensation benefits. During discovery, the plaintiff learned of a potential claim against the entity that loaded the freight onto defendant’s tractor-trailer. Through careful navigation of the multiple insurance and workers’ compensation issues, the plaintiff ultimately recovered more than double the amount that was initially available to the decedent’s estate.

42) $1.2 million

Plaintiff injured in collision with box truck

Type of action: Personal injury

Court: Norfolk Circuit Court

Name of mediator: Judge Thomas S. Shadrick (Ret.)

Attorneys for plaintiff: Stephen M. Smith and C. Stewart Gill Jr., Hampton

Case summary: The defendant’s box truck crossed over the center lane of traffic into oncoming traffic. There was nothing the plaintiff could do to avoid the other vehicle as there was no shoulder at the location of the collision. The defendant’s vehicle struck the side of the plaintiff’s vehicle. The plaintiff suffered a mild traumatic brain injury and other soft tissue injuries.

43) $1.15 million

Retired police officer injured in auto accident

Type of action: Auto accident

Court: Albemarle County Circuit Court

Attorney for plaintiff: Brian Glass, Fairfax

Case summary: On Feb. 22, 2020, Mr. Ward and his wife were travelling home from watching their 9-year-old grandson play in a basketball tournament when an out of state driver, unfamiliar with the area, ran a red light and smashed into the plaintiff’s car.

Following an extrication from his car by the fire and rescue crew, Mr. Ward was rushed to the hospital. CT scans of his head revealed both subarachnoid and subdural hemorrhaging as well as a fractured left tympanic bone. Because of the bleeding on his brain, ER doctors discontinued the use of his blood thinners. A few days after being discharged from the hospital, he suffered a stroke which his doctors attributed to the lack of blood thinner medication.

The plaintiff was a retired University of Virginia police officer who enjoyed restoring old cars, refrigerators, and other electronics in his garage.

No offer was made by State Farm before suit was filed in September 2021. This case was settled for $1.15 million in June 2022.

44) $1.14 million

Birth injury resulted in stroke, mild cerebral palsy

Type of action: Medical malpractice, birth injury

Attorneys for plaintiff: Anthony “Tony” M. Russell and James “Jay” J. O’Keeffe IV, Roanoke; Les S. Bowers, Charlottesville

Case summary: A mother was admitted to a medical institution for induction of labor of a full-term baby. This was the mother’s first child. The medical institution and its providers did not properly handle the mother’s Pitocin, putting the child into distress thereby leading the delivering physician to improperly use a vacuum extractor to deliver the baby, who had asynclitism. This resulted in the baby suffering a stroke and mild cerebral palsy. The child has made a tremendous recovery due to the tireless efforts of her family and subsequent providers. The plaintiff pursued a motion for judicial estoppel to prevent the defendants from taking positions differently than they had taken in a Virginia Birth Related Neurological Injury Compensation Act matter. Before the plaintiff’s judicial estoppel motion could be heard and shortly before trial, the matter was settled through direct negotiations by counsel for the parties.

45) $1.1. million

Child sustained brain injury after
complications from tonsillectomy

Type of action: Medical malpractice

Name of mediator: Judge Larry B. Kirksey (Ret.)

Attorneys for plaintiff: T. Daniel Frith III, Lauren M. Ellerman and Thomas “Bo” Frith IV, Roanoke

Case summary: The plaintiff was a 4-year-old who underwent a tonsillectomy and adenoidectomy. The surgery was without incident and the child returned home with his family. He began experiencing stomach and throat pain approximately five days after the procedure.

Upon arrival to the emergency department, the child was pale, his blood pressure was low, his pulse elevated and he was tachycardic. Blood drawn at that time revealed significantly low Hematocrit and Hemoglobin levels indicative of dehydration and severe anemia.

The child was taken to the operating room and attended to by the defendant anesthesiologist. There was a problem with placement of the endotracheal tube as the child was not being properly ventilated. The anesthesiologist placed a second endotracheal tube and again could not ventilate the child. The oxygen level in the child’s blood dropped and he became asystolic. Resuscitation efforts and chest compressions were initiated. During the resuscitative efforts, blood clotted in the endotracheal tube and in the ventilation tubing was discovered, suctioned and removed. Oxygen began to flow into the child’s lungs and he regained normal sinus rhythm in his heart.

Several EEGs performed at a second hospital documented and confirmed the hypoxic/ischemic brain injury suffered during the anesthesiologist’s intubation.

45) $1.1 million

Stroke patient died after choking
on meal in nursing facility

Type of action: Wrongful death

Name of mediator: Judge Catherine C. Hammond (Ret.)

Attorney for plaintiff: Keith B. Marcus, Richmond

Case summary: A 74-year-old male with multiple comorbidities was released from the hospital following a stroke to a nursing facility for rehabilitation. The decedent was seen by a speech therapist at the facility and recommendations were made regarding his care. In particular, the speech therapist recommended that he be sitting upright for all meals and provide distant supervision of the patient. On the day in question, the decedent was found unresponsive, lying in bed, having choked on his dinner. EMS arrived suctioning food from the patient. He was taken to the emergency room where he was pronounced dead.

The arbitrator found in favor of the estate awarding the three beneficiaries $250,000 each, lost pension and interest from the date of death for a total award in excess of $1.1 million.

The main issues were the cause of death and whether the nursing facility breached the standard of care with respect to the decedent not being positioned upright for his meal or supervised on the date of death.

47) $1.05 million

Retired Army colonel, wife struck
while riding motorcycle

Type of action: Personal injury

Attorneys for plaintiff: John C. Shea and Tara A. Enix, Richmond

Case summary: On Aug. 1, 2021, the plaintiffs, a retired Army colonel and his wife, were returning to Fairfax after spending the afternoon in Loudoun County. The plaintiffs were riding on their motorcycle, traveling eastbound on Lee Jackson Highway, approaching its intersection with Pleasant Valley Road. The plaintiffs were in the second straight through lane with the green light. The defendant, driving an SUV, attempted to turn right on red from Pleasant Valley onto Lee Jackson, striking the plaintiffs’ motorcycle. The plaintiffs were thrown from the motorcycle.

The plaintiff husband sustained a concussion, multiple fractures, damage to his internal organs and other serious injuries. The plaintiff wife sustained a concussion, numerous fractures, a bladder injury and other extensive injuries. The plaintiffs were in excellent health prior to the crash and made an excellent recovery. The plaintiff husband returned to work.

There were significant Tricare liens against the settlement funds. After extensive efforts, the total lien amount was negated down. The cases settled for the collective total available limits.

48) $1 million

Woman sustains brain injury after
misdiagnosis of aneurysm

Type of action: Medical malpractice

Attorneys for plaintiff: William E. Artz and Thomas M. Wochok, McLean

Case summary: The patient presented to her primary care physician with complaints of a headache, cough and right-side ear pain. She was diagnosed with acute sinusitis and discharged home.

The patient later returned to her PCP with complaints of headache for two weeks and right-sided eye and head pain. It was thought her history and physical exam were consistent with migraine. A head CT without contrast was done and no abnormalities were found.

Three days later, her husband found her unresponsive. She was transported to the medical center, where a CT scan was significant for right subdural hematoma with brain edema. She was taken to the OR by a neurosurgeon for a decompressive craniotomy and was admitted to the ICU.

She remained in the hospital with persistent headaches and then transferred to a rehab facility. At the time of her admission, she had decreased short-term memory and impaired cognitive status.

A CTA of the head was performed, which showed a large bilobed aneurysm from the right posterior communicating artery. A neurosurgeon performed a coil embolization of the ruptured right posterior communicating aneurysm.

48) $1 million

Disoriented patient died after slipping out of hospital

Type of action: Medical malpractice

Name of mediator: Judge Diane M. Strickland (Ret.)

Attorney for plaintiff: Les S. Bowers, Charlottesville

Case summary: A man with dementia, a recent head injury, a possible stroke, and ongoing confusion and disorientation, eloped from the hospital in the middle of the night. A prolonged search was unsuccessful. He was ultimately found deceased. Breaches were alleged against the hospital that it allowed the patient to elope and it delayed reporting of the elopement to the authorities. The defense argued that the hospital took reasonable measures to prevent the elopement and such measures were within the standard of care. The defense also maintained that the hospital’s response to the elopement was timely and appropriate. The case resolved confidentially prior to filing of suit.

48) $1 million

Passenger sustained multiple
leg, ankle fractures in crash

Type of action: Personal injury

Court: Carroll County Circuit Court

Attorneys for plaintiff: Charles A. Stacy, Bluefield; Clinton Kegley, Wytheville

Case summary: This was a motor vehicle accident involving multiple vehicles on Interstate 77 in Carroll County resulting in the death of a driver. Liddle was a passenger in the vehicle with the fatality and suffered multiple leg and ankle fractures.

48) $1 million

Patient’s bladder cancer undiagnosed for years

Type of action: Medical malpractice

Attorney for plaintiff: Frank Hilton, Harrisonburg

Case summary: In April 2014, the doctor saw the patient for an annual wellness exam. Urinalysis showed that the patient had 3+ blood in her urine (hematuria) but the doctor did not report the positive hematuria result to the patient or schedule the patient for any follow-up medical care or consultation.

Over the next few years, the patient was seen frequently for annual exams and with complaints of blood in urine and flank pain, treated with antibiotics. No follow-ups were scheduled to address the findings.

In December 2018 the patient complained of pain in her bladder region, passing “solid material” in her urine and blood in her urine. The doctor ordered an oncology consult.

The patient presented to the ER that same day. A chest CT revealed pulmonary nodules in the upper lobes of her lungs. She also had a scan of the pelvis that showed findings consistent with metastatic bladder cancer. Results of testing returned positive for malignancy with squamous cell carcinoma.

The patient died from complications of primary bladder cancer in October 2019.

48) $1 million

VA radiologist missed abnormal mass, breast cancer

Type of action: Medical malpractice

Court: U.S. District Court, Eastern District of Virginia

Attorneys for plaintiff: Brewster S. Rawls and Glen H. Sturtevant, Richmond

Case summary: The medical care at issue took place at the McGuire Veterans Affairs Medical Center in Richmond. The plaintiff reported a palpable lump in her left breast to her VA medical provider in December 2019. Only a screening mammogram was ordered, however. The mammogram was read as normal by the VA radiologist. The lump grew, and the plaintiff reported the development to her VA medical provider. A diagnostic mammogram and ultrasound were performed in June 2020, which revealed an abnormal mass. High-grade invasive mammary carcinoma was subsequently diagnosed, requiring rounds of chemotherapy, radiation, and surgery, which unfortunately have not prevented metastasis of the cancer. On subsequent review, the December 2019 mammogram clearly showed the abnormal mass that had been missed by the VA radiologist, which resulted in a delay in diagnosis and treatment of the plaintiff’s breast cancer, leading to the development of an advanced and sizeable tumor and increasing the risk of death to the plaintiff and requiring her to undergo more invasive treatments.

48) $1 million

78-year-old man sustained debilitating injuries in highway crash

Type of action: Auto accident

Attorney for plaintiff: Mark T. Hurt, Abingdon

Case summary: Defendant pulled out in front of plaintiff, who was traveling on a highway, resulting in a crash that totaled both vehicles. Plaintiff, a 78-year-old man, suffered debilitating injuries. Liability was established with the help of drone footage of the scene and tracking down an independent witness to the crash. A key to the amount of the settlement was the comprehensive analysis of plaintiff’s permanent injuries and future medical needs by the medical expert life care planner.