VDOT can condemn land for stream mitigation
Where the Virginia Department of Transportation seeks to condemn respondents’ property for stream mitigation in connection with a highway construction project, respondents’ demurrer based on VDOT’s alleged lack of authority to do so is denied. Background Respondents in these consolidated cases are the Clevingers and Brown, who own property that petitioner, the Virginia Department of [&hellip[...]
Court has jurisdiction to hear wetlands mitigation case
Where the Virginia Department of Transportation seeks to condemn respondents’ property for wetlands mitigation in connection with a highway construction project, the court has subject matter jurisdiction over the case. VDOT is proceeding under its eminent domain power. Overview A VDOT highway construction project is being funded in part by the federal government. As a […]
‘Exceptional’ results yield $325K fee
An Abingdon lawyer won a judge’s gratitude – and a six-figure fee – for diligent work on a unique and historic bankruptcy case. The work required John M. Lamie to delve into annals of 19th century property law and interpret deeds from the early 20th century to determine who might still have a claim to […]
Woman’s colon was perforated during colonoscopy – $1,057,500 Verdict
Ava Blackburn was 64-years-old when she was referred to Dr. Timothy Klepper for a colonoscopy after one episode of unexplained bleeding. Blackburn walked five miles a day and gardened at the time of the procedure. Klepper is a general surgeon and performed this colonoscopy at Buchanan General Hospital in Grundy. The colonoscopy was generally uneventful. […]
No Virginia Trial for Michiganders’ Money Laundering
A Michigan couple accused of money laundering based on their alleged sale of marijuana to a third party in Michigan or Ohio, who then allegedly sold the marijuana in Buchanan County, Virginia, and wrote checks from various Grundy National Bank accounts payable to a construction company owned by the Michigan couple, cannot be tried in […]
Negligent Retention Claim Does Not ‘Relate Back’
In this suit alleging decedent died from a massive overdose of morphine after defendant hospice nurses mistakenly crossed morphine and saline lines, the Buchanan County Circuit Court says plaintiff’s claim for negligent retention in her third complaint does not relate back to her original complaint and is therefore time-barred. Under Va. Code § 8.01-6.1, the […]
County Daycare Operator Subject to FOIA
The Appalachian Regional Community Services, operator of the Buchanan Daycare Center, is supported principally by public funds and is a public body under the Virginia Freedom of Information Act; a Buchanan County Circuit Court says ARCS must produce financial records in response to a FOIA request filed by a regional newspaper. At a hearing, the […]
Adverse Possession Resolves Boundary Dispute
Century-old deeds that reference “two sycamore trees” are inadequate to establish a boundary line between property owned by a lumber company and by a food store, but the Buchanan County Circuit Court says the food store has established its right to a strip of land by adverse possession. Vansant Lumber filed suit on April 19, […]
Conservative treatment for ruptured appendix led to longer hospital stay – Defense Verdict
The defendant general surgeon first saw plaintiff, a 48-year-old female, on Sept. 14, 2010. Four days earlier, she has presented to a family practitioner and complained of abdominal pain since Sept. 6, which she rated as 8-9 out of 10 in intensity. The family practitioner diagnosed plaintiff with a urinary tract infection and prescribed oral […]
Court Says Curtilage Search Was Illegal
A police officer’s entry from the driveway to search the back yard and front porch of a residence of a property defendant was charged with caring for may have been supported by probable cause based on the smell of marijuana, but there were no clear exigent circumstances justifying the intrusion and the Buchanan County Circuit […]
No Punitive Damages Against Hospice
A plaintiff may not claim punitive damages against defendant hospice and its two employees based on allegations relating to use of an “IV pain pump” and/or a “double infusion pump,” as plaintiff’s general factual allegations may state a claim of simple or gross negligence, but do not allege intentional, malicious or reckless acts necessary for […]
Contract – Lease – Coal Operation – Wastewater
A Buchanan County Circuit Court grants partial summary judgment to plaintiff coal company and holds that Island Creek does not have authority under the subject lease to allow Consol to store wastewater from other mining operations on or in Yukon’s mines. Plaintiff Yukon specifically asks this court to rule that defendant Consolidated had no legal […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death