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Tag Archives: Judge Pamela S. Baskervill

Demurrer sustained in defamation action (access required)

Defendants’ demurrer in this defamation action is sustained because plaintiff has not sufficiently alleged that the complained-of statements were false. Alleged defamation Plaintiff Presler complains about five statements made in defendants’ advertisement: “a) Presler is the ‘leader of a local ...

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Tug boat loaded with oyster shells ran over pleasure boat – $1 Million Settlement (access required)

Plaintiff was the owner/operator of a pleasure boat that was fishing outside of the channel in the James River east of the James River Bridge. Defendant, a tug boat company pushing a barge loaded with oyster shells, exited the channel ...

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Man killed in wreck with speeder chased by cops – (access required)

Defendant, Tyquanne McCargo, was stopped by a Virginia State Trooper on Interstate 81 in Rockbridge County for speeding, 93/70. When the Trooper advised him of an outstanding warrant, McCargo sped away from the stop. Two Troopers gave chase. McCargo traveled ...

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Doctor removed wrong bone during operation – $350,000 Settlement (access required)

On Dec. 29, 2014, plaintiff, then 48 years old, underwent an operation with the defendant doctor designed to remove the trapezium bone in her right hand; plaintiff is right-hand dominant. Instead of removing the trapezium, the defendant removed the scaphoid ...

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Parties argued about video of crash around curve – $2.2 Million Settlement (access required)

This case involved a collision between a tractor-trailer and a passenger car. The vehicles were traveling in opposite directions on a curved two-lane road separated by double yellow lines. Liability was hotly contested. Each driver contended that the other crossed ...

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Family of man killed in plant conversion settles for $4.7M – $4.7 Million Settlement (access required)

On Oct. 5, 2012, the decedent was working as a pipefitter at a paper manufacturing plant in Southeast Virginia. The project included the conversion of the plant from a paper manufacturing plant to a tissue mill. The owner of the ...

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The duty to protect others (access required)

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A sharply divided Supreme Court of Virginia says those who assume a duty to guard against criminal harm can be liable only if they communicate their undertaking. A four-justice majority of the high court affirmed dismissal of a lawsuit against ...

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Woman lost vision in one eye after surgery – $450,000 Settlement (access required)

The plaintiff, a 62-year-old woman, underwent a bilateral blepharoplasty to treat floppy lid syndrome which limited her ability to work. Following surgery, she developed complications in her left eye which resulted in blindness. Due to complete vision loss in her ...

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