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Shenandoah County school name challenges dismissed
An effort to reverse the decision by the Shenandoah County School Board to retire the names of two public schools named after Confederate veterans has failed. In the case, Alger v. Shenandoah County School Bd., Shenandoah County Circuit Judge John E. Wetsel Jr. sustained the school board’s demurrer and dismissed the petitioners’ complaint with prejudice. […]
Speech unleashed: Defamation claim against planning official dismissed
A local planning commissioner has immunity from a defamation suit filed by a lawyer who was seeking approval for a dog rescue operation, a Virginia circuit court says. The commissioner lived less than a mile from the proposed kennel and was critical of the proposal and the permit applicants, in comments to a local newspaper […]
Surgeon cut common bile duct instead of cystic duct – $750,000 Verdict
Plaintiff was admitted to Winchester Medical Center on Aug. 13, 2010, for a laparoscopic cholecystectomy. The defendant identified the gallbladder and grasped it by its fundus. The gallbladder was retracted in a cephalad direction and a second grasper was then used to retract the infundibulum laterally. The defendant dissected around the triangle of Calot and […]
Plaintiff claimed retained IUD led to years of abdominal pain – Defense Verdict
Plaintiff underwent placement of a Mirena intrauterine device (IUD) at defendant OB/GYN practice in September 2006. On March 29, 2007, she presented to Shenandoah Memorial Hospital emergency department complaining of lower abdominal and pelvic pain. Work-up was negative for ectopic pregnancy but ultrasound examination together with x-ray studies revealed that the IUD had perforated the […]
Stay-home dad protests custody denial
A man who was “Mr. Mom” to his four sons after he lost his job in 2009 said a divorce court’s award of custody to his wife violated his right to equal protection, but the Virginia Court of Appeals disagreed. Joseph Wiencko Jr. was a mechanical engineer who served as a consultant to the telecommunications […]
Patient suffered necrotizing fasciitis after orthopedic surgery – Defense Verdict
On July 30, 2008, plaintiff, a 350-pound, 22-year-old man with pre-existing venous stasis issues, was in a single-vehicle motorcycle accident and admitted to the hospital for a broken left tibia and fibula, and other trauma injuries. The patient underwent closed reduction internal fixation and rodding of the left leg that night. On Aug. 4, 2008, […]
Plaintiff argues docs should have recommended a mammogram – Defense Verdict
Plaintiff’s decedent was seen by the providers at the defendant family practice over an approximately 22-year span. This care was episodic and occurred only when the decedent was ill or injured. At no time was the patient ever counseled by the healthcare providers, which included three physicians and three physician assistants, to return for a […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
