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Woman sued over issues with breast reconstruction – Defense Verdict
Plaintiff underwent a prophylactic bilateral mastectomy. She then underwent a two-stage breast reconstruction surgery using tissue expanders by the defendant plastic surgeon. Plaintiff alleged that the defendant failed to provide alternative surgical options, such as autologous-tissue reconstruction, and failed to adequately advise her of the risks of the procedure. She alleged permanent weakness [...]
Hospital owed plaintiff duty to protect from attack
Despite the absence of facts demonstrating probable harm or specific threat, the court found a hospital did have a duty to a patient who was attacked by another patient in the emergency room. Background The complaint alleges that on Oct. 9, 2015, plaintiff, Gordey Denisenko, checked into defendant’s emergency room at Sentara Norfolk General Hospital […]
Suit over emergency room attack headed for trial
A man assaulted by another patient at a hospital waiting room is expected to take his case against the hospital to trial this week. Gordey Denisenko blames Sentara Norfolk General Hospital for his injuries in 2015 at the hands of a man who had been involved in seven prior incidents of violent or abusive behavior […]
Arbitration Stayed with Limitations Defense
In this dispute between a marine construction company and a ship yard, the Norfolk Circuit Court sustains the construction company’s petition to stay arbitration of its breach of warranty and indemnification claims, based on its claim that the work under the contract was finished in 2010 and any claims related thereto expired after five years. […]
Fiancée’s Company Not Debtor’s ‘Alter Ego’
A bank that has a judgment against a heavy equipment company and its principal shareholder cannot using a “veil piercing” theory to enforce that judgment against a separate Virginia limited liability company owned by the shareholder’s fiancée, “with whom he cohabitates”; the Norfolk Circuit Court has located no Virginia authority approving veil-piercing between individuals or [&[...]
Norfolk jeweler defrauded customers of diamond rings – $379,000 Verdict
On Sept. 15, 2016, a Norfolk jury awarded a total of $379,475 in damages – including $140,850 in punitive damages for actual fraud and $95,450 in increased damages under the Virginia Consumer Protection Act – to two men defrauded by a Norfolk jeweler. The jury also made the predicate factual finding via a special interrogatory […]
Three Crimes for One Gun Violates Double Jeopardy
A defendant discovered with a handgun and a zip lock bag with 9mm ammunition, who was charged under Va. Code § 18.2- 308.2 with possession of a firearm by a convicted felon, possession of a concealed weapon by a convicted felon and possession of ammunition by a convicted felon, can only be convicted of knowing […]
Woman scalded in bath pursued dec action for coverage – $300,000 Settlement
Plaintiff Kortney Jackson is a young adult who is disabled and non-verbal due to severe autism and mental retardation. She required around the clock care, and her mother and guardian arranged for that care through the home health agency. The agency’s caregiver allegedly placed the plaintiff into a scalding hot bath and left her unattended; […]
Parent has solo suit for child’s expenses
A mother can sue a doctor for her son’s medical expenses arising from the doctor’s alleged negligence, even though the son has not filed his own suit against the doctor, a Norfolk Circuit Court has ruled. The defendant pediatrician said a Virginia statute, Virginia Code § 8.01-36(A), barred the mother’s suit for medical expenses and […]
Debtors Have Counterclaim for Fraud
In this action by a substitute trustee to collect the balance on debts owed by defendants on 12 loans in the wake of foreclosures by the substitute trustee, the Norfolk Circuit Court says defendants have stated counterclaims for actual and constructive fraud based on alleged intentional misrepresentations as to a loan payoff amount, but dismisses […]
Court Rejects ‘Criminal Act’ Policy Exclusion
In a disabled adult’s suit seeking damages for second-degree burns she suffered in 2011 while in the care of defendant home health agency’s employee/ independent contractor, the Norfolk Circuit Court denies summary judgment to defendant insurance company based on its argument that the provider’s 2012 criminal conviction for abuse and neglect bars coverage under the […]
Jury Can Hear Prior Sexual Conduct Evidence
A Norfolk Circuit Court grants the commonwealth’s motion in limine to offer evidence at trial of defendant’s prior criminal and sexual conduct toward his minor stepdaughter “T.G.” at his trial for forcible sodomy, indecent liberties, abduction with intent to defile, rape and assault and battery of a family member. The commonwealth proffers that TG will […]
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
