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Tag Archives: Judge Patrick R. Johnson

VDOT can condemn land for stream mitigation (access required)

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 ...

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Court has jurisdiction to hear wetlands mitigation case (access required)

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 ...

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Woman’s colon was perforated during colonoscopy – $1,057,500 Verdict (access required)

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 ...

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Conservative treatment for ruptured appendix led to longer hospital stay – Defense Verdict (access required)

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 ...

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