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Judge Patrick R. Johnson

Sep 18, 2020

VDOT can condemn land for stream mitigation

Where the Virginia Department of Transportation seeks to condemn respondents’ property for stream mitigation in connection with a highway construction project, respondents’ demurrer based on VDOT’s alleged lack of authority to do so is denied. Background Respondents in these consolidated cases are the Clevingers and Brown, who own property that petitioner, the Virginia Department of [&hellip[...]

Sep 18, 2020

Court has jurisdiction to hear wetlands mitigation case

Where the Virginia Department of Transportation seeks to condemn respondents’ property for wetlands mitigation in connection with a highway construction project, the court has subject matter jurisdiction over the case. VDOT is proceeding under its eminent domain power. Overview A VDOT highway construction project is being funded in part by the federal government. As a […]

Apr 24, 2017

Woman’s colon was perforated during colonoscopy – $1,057,500 Verdict

Ava Blackburn was 64-years-old when she was referred to Dr. Timothy Klepper for a colonoscopy after one episode of unexplained bleeding. Blackburn walked five miles a day and gardened at the time of the procedure. Klepper is a general surgeon and performed this colonoscopy at Buchanan General Hospital in Grundy. The colonoscopy was generally uneventful. […]

Jul 11, 2016

No Virginia Trial for Michiganders’ Money Laundering

A Michigan couple accused of money laundering based on their alleged sale of marijuana to a third party in Michigan or Ohio, who then allegedly sold the marijua­na in Buchanan County, Virginia, and wrote checks from various Grundy National Bank accounts payable to a construction compa­ny owned by the Michigan couple, cannot be tried in […]

Jan 16, 2015

Negligent Retention Claim Does Not ‘Relate Back’

In this suit alleging decedent died from a massive overdose of morphine after defendant hospice nurses mistakenly crossed morphine and saline lines, the Buchanan County Circuit Court says plaintiff’s claim for negligent retention in her third complaint does not relate back to her original complaint and is therefore time-barred. Under Va. Code § 8.01-6.1, the […]

Dec 8, 2014

County Daycare Operator Subject to FOIA

The Appalachian Regional Community Services, operator of the Buchanan Daycare Center, is supported principally by public funds and is a public body under the Virginia Freedom of Information Act; a Buchanan County Circuit Court says ARCS must produce financial records in response to a FOIA request filed by a regional newspaper. At a hearing, the […]

Nov 24, 2014

Conservative treatment for ruptured appendix led to longer hospital stay – Defense Verdict

The defendant general surgeon first saw plaintiff, a 48-year-old female, on Sept. 14, 2010. Four days earlier, she has presented to a family practitioner and complained of abdominal pain since Sept. 6, which she rated as 8-9 out of 10 in intensity. The family practitioner diagnosed plaintiff with a urinary tract infection and prescribed oral […]

Jul 8, 2014

Court Says Curtilage Search Was Illegal

A police officer’s entry from the driveway to search the back yard and front porch of a residence of a property defendant was charged with caring for may have been supported by probable cause based on the smell of marijuana, but there were no clear exigent circumstances justifying the intrusion and the Buchanan County Circuit […]

Dec 9, 2013

No Punitive Damages Against Hospice

A plaintiff may not claim punitive damages against defendant hospice and its two employees based on allegations relating to use of an “IV pain pump” and/or a “double infusion pump,” as plaintiff’s general factual allegations may state a claim of simple or gross negligence, but do not allege intentional, malicious or reckless acts necessary for […]

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