‘Genetic genealogy’
A promising new technology that can unlock the identity of long-sought criminal suspects and free the wrongly convicted is raising questions about whether it might become too intrusive. For the first time in Virginia, a judge has considered whether creation of a DNA profile from abandoned personal trash is a violation of search-and-seizure law. The […]
Plaintiff sued over gangrene following leg amputation – Defense Verdict
Suffering from severe and longstanding peripheral vascular disease, Martha Aughavin, an active 87-year-old who worked until she was 85, underwent a right below-the-knee amputation with vascular surgeon, Stanley Crossland, MD, on March 27, 2011, at Reston Hospital. Crossland had performed a dozen interventions on Aughavin’s legs over the years (i.e., arthrectomy, stents and bypasses) in[...]
Man died during series of tests set by cardiologist – Defense Verdict
Jody Houston, a 54-year-old avid kayaker and stock trader, presented to the defendant cardiologist on March 25, 2013, with a history of chest pain for two months, gastric reflux, high cholesterol, a lifetime of cigarette smoking, and an abnormal EKG during a EGD a week prior. In fact, the EGD had to be aborted due […]
Bus driver who hit pedestrian had multiple accidents on record – $4,500,000 Verdict
On Aug. 6, 2014, the plaintiff was crossing a crosswalk near the King Street Metro Station in Alexandria, when she was struck by a left-turning bus. She was struck from behind when she was approximately three-quarters across the crosswalk. As a result of being hit, plaintiff was trapped under the front driver’s side tire of […]
Woman hit by bus is awarded $4.5M
An Alexandria jury has returned a $4.5 million verdict for a woman who was hit by a city bus while crossing the street. Initially a negligence action, the case took a turn after discovery revealed that the driver had a significant history of unsafe driving with the Alexandria Transit Company. Washington attorney Joseph Cammarata, who […]
Plaintiff claims surgeon used outdated procedure – Defense Verdict
The 71-year-old plaintiff underwent a laparascopic cholecystectomy on May 21, 2008, for acute and chronic cholecystitis (inflammation of the gall bladder) and gall stones (cholelithiasis). Intra-operatively, the defendant surgeon found a severely taut and inflamed gall bladder. Otherwise, the surgery was uneventful, and she saw no need to convert to an open procedure. Post-operatively, the [&helli[...]
Trustee hit for fraud, breach of contract on counterclaim – $13,357,000 Verdict for Defendants
John R. Erb, the sole shareholder, officer and employee of the Alexandria investment management firm of de Teffé Capital Management, Inc., initiated the action by filing suit for trustee’s and investment management fees totaling approximately $1.5 million allegedly earned and deferred by him over the years for services rendered in connection with two irrevocable trusts […]
Owners’ Association Scores Attorney’s Fees
An Alexandria Circuit Court awards defendant condominium unit owners’ association $65,375 in attorney’s fees and $597 in costs under Va. Code Sec. 55-79.53(A), in a suit filed by an owner who sought compensation for property damage from a shower leak in her condo. On April 8, 2011, the circuit court granted summary judgment to the […]
Man’s second wife, daughters battled over homes
Competing obituaries gave a hint of the family conflict that would emerge full blown after the 2009 death of Rear Admiral Peter DeMayo, U.S. Navy (Ret.), of Alexandria. In one notice in The Washington Post, both of DeMayo’s wives are identified, as well as two daughters from his first marriage, which ended in divorce. DeMayo […]
Court clears the way for deferred judgment
The Supreme Court of Virginia appeared to clear the way Thursday for judges to defer judgment in criminal cases and enter a finding of not guilty even when they find the law and facts sufficient for a finding of guilt. The ruling in Commonwealth v. Hernandez (VLW 011-6-002) stops short of fully endorsing the practice, […]
High court to hear case on ‘inherent authority’
The Supreme Court of Virginia appears to have before it the question it said was not properly presented in two cases in June 2008: whether judges have the inherent authority to defer judgment and ultimately dismiss a case despite a finding that the defendant committed the crime. The court last month granted the appeal of […]
Dismissed party can’t be pulled back in appeal
A defendant dismissed from a general district court action can’t be pulled back into circuit court when a losing codefendant appeals, a Virginia Beach circuit judge has ruled. The new case creates a split in circuit court authority on the issue. In 2007, Alexandria Circuit Judge Lisa B. Kemler held the circuit court had jurisdiction […]
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