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Judge Mary Jane Hall

Sep 23, 2019

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 [...]

Oct 9, 2018

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 […]

Oct 9, 2018

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 […]

Jun 12, 2017

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. […]

Nov 16, 2016

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 [&[...]

Oct 28, 2016

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 […]

Oct 17, 2016

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 […]

Aug 8, 2016

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; […]

Aug 8, 2016

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 […]

Jun 6, 2016

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 […]

Apr 11, 2016

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 […]

Mar 25, 2016

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 […]

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