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Judge Paul W. Cella

Dec 10, 2020

No protective order action against retirement community

Where plaintiff seeks to depose a representative of defendant Hickory Hill Retirement Community, defendant’s motion for a protective order regarding some of the deposition topics is denied. Decision “Pursuant to Rule 4:5(b)(6), plaintiff, Matthew Charles Henderson, asked that defendant Hickory Hill Retirement Community, LLC (Hickory Hill), designate an authorized representative to appear at a [...]

Nov 11, 2019

Man suffered detached retina in rearender – $500,000 verdict

Plaintiff, in his early 50s, was in a collision on Jan. 21, 2016, at about 7 p.m. while driving a 2015 GMC SUV on Wagner Road in Petersburg. He stopped for a red light at the intersection of Normandy Drive and was the first car in that lane. After the light turned green and before […]

May 8, 2018

Va. Cir.: County held to lowest document production estimate

When a county initially estimated almost $900 for records-request compliance but later revised the estimate down to $200, it could not then charge an actual cost of more than $1,300 without consulting further with the requesting party. Background Petitioner Nelson Batterson filed a Freedom of Information Act request with Powhatan County on January 8, 2018. […]

Mar 29, 2018

Morrissey to be subject to bar discipline after finding

Lawyer Joe Morrissey’s 2014 conviction for contributing to the delinquency of a minor has led to a finding that he violated the Rules of Professional Conduct. A three-judge Richmond Circuit Court panel concluded March 28 that Morrissey’s 2013 relationship with a 17-year-old employee – now his wife – was a criminal or deliberately wrongful act, […]

Oct 31, 2017

Nurse practitioner failed to advise re blood clot possibility – $3.5 Million Verdict

A nurse practitioner (who was a personal friend of the decedent) failed to refer the decedent to a hospital emergency room on a Sunday afternoon for suspected DVT. The nurse practitioner conceded that DVT was number 1 on her differential diagnosis, but she effectively ruled it out as a consideration because of the 45-year-old decedent’s […]

Apr 27, 2015

Teen rendered paraplegic in Jeep rollover accident – $1,795,000 Settlement

Plaintiff was a back-seat passenger in a 1995 Jeep Grand Cherokee operated by the defendant on June 7, 2014, when the vehicle veered across the roadway and overturned several times before finally coming to rest. The wreck happened on Brunswick Road in Nottoway County. The defendant was rounding a left hand curve at an elevated […]

Nov 12, 2013

Habeas Relief Granted in Sodomy Case

A petitioner found guilty of attempted sodomy in 2012 is entitled to habeas corpus relief, as the statute under which he was convicted, Va. Code § 18.2-361, has been declared void under MacDonald v. Moose, 710 F.3d 154 (4th Cir. 2013). On March 12, 2013, the 4th Circuit decided MacDonald, and in that decision, Va. […]

Jun 12, 2013

Corporate rep must go first in depositions, judge rules

A Virginia circuit court judge has ruled that a railroad’s corporate representative must sit for a deposition before the injured railroad worker is deposed in the worker’s lawsuit under the Federal Employers Liability Act. The unusual ruling comes in a case in which the injured worker was unable to see the circumstances that allegedly led […]

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