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Chesterfield County Circuit Court

Oct 10, 2013

Malpractice claim: Attorney failed to notify clients of court hearing – $315,000 Verdict

The plaintiffs hired attorney Pauline M. Ewald to represent them in two civil actions. Ewald, counsel of record for the plaintiffs, failed to appear at a final hearing in two civil matters and allegedly failed to notify the plaintiffs that a final hearing was set. The failure of counsel or the parties to appear resulted […]

Sep 9, 2013

Uterine scar rupture, kidney failure result of VBAC delivery – $4,000,000 Verdict

The plaintiff, a 34-year-old mother, was scheduled for a repeat Caesarean section, but went into labor nine days early on Aug. 1, 2010.  Labor progressed quickly. She delivered a healthy baby girl vaginally, with no complications. After delivery, plaintiff complained of sharp, abdominal pain and 10/10 pain unrelieved by morphine. Moderate bleeding was then noted. […]

Sep 5, 2013

Med-mal plaintiff gets $4M verdict

The case began at 2:22 a.m. on Aug. 1, 2010, Richmond attorney Stephanie E. Grana told the jury in her opening statement. That’s the time Sally Arbogast gave birth to a healthy baby girl. But it’s also the time when her pain and bleeding began – and didn’t stop – for several hours. After coding, […]

Aug 26, 2013

Bile duct injured during gallbladder surgery – $872,454 Verdict

The defendant performed a cholecystectomy surgery of the plaintiff on Aug. 5, 2009. The operation started as a laparoscopic procedure but was converted to an open procedure because of dense adhesions and unclear anatomy. Over the course of the plaintiff’s hospital stay, she became increasingly ill and complained of shortness of breath and abdominal pain. […]

Jul 29, 2013

Experts claim spine surgery would have been inevitable – Defense Verdict

Plaintiff was evaluated by his primary care physician for complaints of back pain after a football game. He was referred to defendants for X-rays of the lumbar spine which defendant physician interpreted as normal. Eight months later, another set of lumbar X-rays detected a pars defect and spondylolisthesis. Plaintiff underwent physical therapy to treat the […]

Jul 22, 2013

Policy limits paid in collision case – $100,000 Settlement

This case stemmed from a rear-end collision at an intersection. The plaintiff suffered a rotator cuff injury to the left shoulder. Defendant’s auto insurance policy limits were $100,000. All bills were paid by medical insurance; there was no lien. [13-T-107] Type of action: Personal injury – auto accident Injuries alleged: Rotator cuff injury to left […]

May 27, 2013

Defendant was reading map prior to crash, plaintiff alleges – $400,000 Settlement

Plaintiff was a 24-year-old college student rear-ended in Chesterfield County by the defendant, a Children’s Hospital therapist who was attempting to drive and read Mapquest directions at the same time. Defendant alleged that the plaintiff stopped suddenly in front of her in response to traffic slowing suddenly. Impact was modest, as was the property damage. […]

Jan 25, 2013

No CGL Coverage for Sub’s Poor Work

Homeowners alleging a subcontractor’s defective workmanship caused damage to otherwise nondefective structures do not have coverage for an “occurrence” under a commercial general liability policy, and a Chesterfield Circuit Court grants summary judgment to defendant insurance carrier on the breach of express warranty claim. To determine whether a liability insurer has a duty to defend, [&hel[...]

Aug 20, 2012

Jury award against builder set aside

A builder will not have to pay a six-figure jury verdict won by a couple who complained when construction of their new home ground to a halt. A Chesterfield County jury said builder William Howard should pay Justin and Martha Horne $278,737.17, holding him personally liable for breaching the Hornes’ contract with Howard’s company Eco-Logic […]

Aug 17, 2012

Corporate-Veil Jury Award Set Aside

A Chesterfield County Circuit Court sets aside a $278,737 jury award to plaintiff buyers against an individual defendant in a residential real estate construction project, as the buyers did not present sufficient evidence to support their theory of piercing the corporate veil to hold the individual defendant liable for damages. At trial, plaintiffs presented evidence […]

Mar 26, 2012

Jury determines plaintiff’s back condition aggravated by crash – $113,522 Verdict

Plaintiff experienced neck and back pain after an automobile accident on May 14, 2008. Defense admitted liability. The plaintiff had a history of prior back complaints and a chronic condition of scoliosis. It was stipulated that the plaintiff had not had any prior back complaints for at least two years before the accident. The issue […]

Mar 19, 2012

International exchange student injured in single vehicle crash – $50,000 Verdict

Plaintiff, a 17-year-old German exchange student living in Richmond, was a rear-seated passenger in automobile, operated by a friend with several other foreign student passengers. The car driven by the young defendant ran off the road for no reason, and then over-corrected, causing the car to cross over the double yellow line directly into the […]

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