‘Other Crime’ Evidence Admitted in Abduction Trial
At defendant’s trial for abduction with intent to defile, the Charlottesville Circuit Court will admit evidence of abduction/sexual assault charges at issue in Albemarle County; the defendant allegedly in the other case similarly lured the victim with a ruse, through Craigslist, used a false persona of an attorney whose four-letter name started with “M,” stated […]
Woman died from severe blood loss after childbirth – Defense Verdict
The decedent was a 33-year-old pregnant woman who presented to a hospital on Nov. 4, 2007, at 41 and 6/7 weeks with ruptured membranes and mild contractions. The defendant obstetrician ordered the administration of pitocin to stimulate labor. Later that evening, the decision was made to deliver the baby via C-section and a healthy baby […]
Plaintiff remained unaware of blood test results, had heart attack – Defense Verdict
On Nov. 5, 2008, plaintiff presented to the defendant hospital’s emergency department complaining of chest pain. Blood tests were ordered, which revealed that plaintiff had an elevated troponin, indicating a probable myocardial infarction. The ED staff could not locate plaintiff after the test results were returned. Plaintiff testified at trial that the ED staff told […]
Truck wheel explosion left plaintiff with 36 percent impairment – $1,000,000 Verdict
Plaintiff was severely injured when a large truck wheel exploded after it had been recently serviced by the defendant tire service station. In May 2011, plaintiff and his father brought their 1964 Ford 650 dump truck to defendant Ray Carr Tires of Charlottesville to have its tires replaced. The next day, plaintiff removed the tires […]
Patron’s Premises Liability Claim Fails
A plaintiff who alleges he was attacked and injured as he left a Buffalo Wild Wings restaurant with friends has alleged no facts showing a special relationship between the restaurant operator or property owner, nor has he alleged facts showing defendants knew criminal assaults were occurring or about to occur on the premises, and the […]
Cop outside home county doesn’t get protections
A Charlottesville Circuit judge has refused to apply enhanced penalties to a defendant who allegedly punched an officer, because the Albemarle County officer was acting outside his jurisdiction. Defendant Josue Salinas Valdez allegedly attacked two police officers who appeared at his Charlottesville home to investigate a hit-and-run incident, and was shot by police. But in […]
Gun Seizure Upheld for Community Caretaker
Police who responded to a report that defendant was asleep behind the wheel of his Suburban parked at a gas pump with loud music blaring, and who observed two firearms in close proximity to defendant, who could not be roused with shouts through the open window, were justified in seizing the firearms prior to touching […]
No Immunity for Critical-Care Nurse
A critical-care nurse at U.Va. Medical Center who allegedly left a cardiac patient sedated after surgery unattended on a bed pan, so that he fell and suffered a brain injury, does not have sovereign immunity from a med-mal suit, as she was providing individual patient care at the time of the alleged injury, according to […]
No ‘Tenant’ Relief Against Owners’ Association
A Charlottesville Circuit Court dismisses requests by plaintiff against defendant unit owners’ association, as he does not qualify for relief under any of the Code sections cited. Plaintiff’s first document is the Tenant’s Assertion and Complaint form designed for use by a tenant having a complaint with a landlord regarding hazardous conditions of leased premises, […]
Murder Defendant’s Statements Suppressed
A murder defendant exercised her right to stop talking to police when she twice stated she had nothing else to say and statements made after that point will be suppressed, the Charlottesville Circuit Court says; but statements post-violation of Miranda were voluntary and the non-testimonial evidence is not barred. Defense counsel argues that the Rights […]
No Sovereign Immunity for UVa Nurses
Two defendant nurses accused of causing permanent nerve damage to plaintiff from negligent insertion of an IV into her hand do not qualify for sovereign immunity from suit, says a Charlottesville Circuit Court. At the time of the alleged injury, defendant nurses were employed by the Commonwealth of Virginia and both were working as registered […]
Husband to Pay Wife’s $50K Attorney’s Fees
A couple who is divorcing after a “tumultuous” 21-year marriage will split their marital property 60-40 in favor of wife, and wife receives no current spousal support, but a 10-year reservation of a right to support; the Charlottesville Circuit Court says husband will be charged with $127,987 in waste for depleting marital retirement accounts and […]
Verdicts & Settlements
- 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
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M 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