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Judge Louis Allen Sherman

Mar 25, 2013

Goiter misdiagnosed as COPD – Defense Verdict

Plaintiff alleges that the defendant, a family practice physician, failed to properly and timely diagnose a goiter, and failed to timely refer him to a surgeon. He also alleges that the defendant misdiagnosed him with COPD and incorrectly treated him for COPD for several years. At trial, the defendant called a standard of care expert […]

Feb 13, 2013

Beach lawyer beats discipline charge

A Virginia Beach lawyer charged with misconduct by the Virginia State Bar has been exonerated by the VSB’s disciplinary board. Edward F. Halloran submitted a group of medical bills for two different personal injury claims for a single client, only to have the duplicate bills disallowed by a judge in the second action. The opposing […]

Dec 24, 2012

Housing authority’s appraisal was not just compensation, jury rules – $3,756,250 Verdict

Norfolk Redevelopment and Housing Authority condemned a 50,000 square foot parcel of land at the corner of Killam and 39th Street in Norfolk, originally offering the property owner $2,080,000 as just compensation for the property. The land acquired by the housing authority is improved with a 35,000 square foot integrated manufacturing facility, where Norva Plastics, […]

Nov 5, 2012

Reduced Share for Beneficiary Interference

The Norfolk Circuit Court upholds a commissioner’s finding that a beneficiary’s distribution from an estate will be reduced because of her substantial interference with efficient administration of the estate. Cleo Eppes died on March 18, 2007, and left two surviving children, James Eppes and Mary Martin, and two grandchildren, Bryan and Gregory Eppes (the ‘Brothers’), […]

Nov 5, 2012

Court Has Authority to Reduce Liens

A Norfolk Circuit Court says after researching the authority of a circuit court judge to reduce the amounts of liens, including those claimed by public hospitals, and to apportion recovery, including a negotiated settlement, between a plaintiff, the plaintiff’s attorney, and the commonwealth, and is satisfied that as long as the requirements set forth in […]

Nov 5, 2012

Wife is Sole Obligor on Student Loans

The parties are granted a no-fault divorce from their 11-year marriage, in which husband pursued his career as a military officer while wife reared their child and maintained the home, and the Norfolk Circuit Court awards wife, who is pursuing a master’s degree in nursing, $800 in monthly spousal support for a period of three […]

Oct 26, 2012

Accusations about affair not defamatory

A personal trainer who said she lost her job because of statements made by the husband of a woman she allegedly pursued romantically can’t sue him. The husband was protected from a defamation claim because his complaints about his wife’s extramarital affair –?to the health club the family belonged to and to the private school […]

Oct 19, 2012

Summary Judgment in Email Defamation Case

In this Norfolk Circuit Court litigation alleging a health club personal trainer pursued a club member’s wife for a romantic relationship and the husband retaliated with complaints to the club and school where the trainer worked and the couple’s child attended, the husband wins summary judgment in the personal trainer’s counterclaims for defamation and tortious […]

Apr 2, 2012

Office Building Assessment Upheld

Petitioners challenging a city’s tax assessment of two properties, including an office building, did not present sufficient evidence to establish the fair market value of the office building, but simply advanced a theory of highest and best use of the property by converting it into speculative investor-owner multi-tenant space, and the Norfolk Circuit Court grants […]

May 2, 2011

Ureter damaged during surgery to remove mass in abdomen – Defense Verdict

A post-menopausal 54-year-old plaintiff was advised by her OB/GYN physician that a mass on her right ovary might be cancerous and that removal of the mass through a laparoscopic bilateral salpingo-oophorectomy was required. The physician performed the procedure utilizing the ACE Harmonic Scalpel, and a thermal injury to the patient’s right ureter resulted. The procedure […]

Apr 5, 2011

Court Limits Medical Bills in Double-Accident Case

A plaintiff who alleges injuries from two separate motor vehicle accidents in 2005, eight months apart, and who settled her claim from the first accident in 2007 for $35,000, may only submit to a jury in her lawsuit arising from the second accident evidence of $5,288 of her medical expenses, says a Norfolk Circuit Court. […]

Feb 28, 2011

Housing Authority’s Takings Reviewed

In this challenge by property owners to the Norfolk Redevelopment & Housing Authority’s taking of the properties for a Hampton Boulevard Redevelopment Project, a Norfolk Circuit Court says the takings by NRHA of respondents’ properties are proper. In 1998, with the Norfolk City Council’s approval, Norfolk Redevelopment & Housing Authority adopted the Hampton Boulevard Redevelopment [[...]

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