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Tag Archives: Judge Thomas P. Mann

Court will give jury instruction to cure ‘Brady’ violation (access required)

Where defendant moved to quash a murder indictment because of the commonwealth’s untimely disclosure of exculpatory evidence, the court will deny the motion but will give the jury an adverse inference instruction regarding the evidence. Overview Defendant Gonzalez was indicted ...

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Complaint’s statement excluded in sexual battery case (access required)

Where defendant is charged with sexual battery, the court denies his motion to admit the complaint’s statement made during sexual intimacy with defendant’s son that “she … would do anything to help her get ahead at work.’” Overview The trial ...

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Demurrers to investors’ claims sustained (access required)

Where plaintiff investors in a failed maternity clothing company sued the company and its two founders, the individual defendants’ demurrers to plaintiffs’ claims are sustained. Plaintiffs are granted leave to amend their complaint. Background Evans and Wilson were co-founders of ...

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Nursing aide died of deep vein thrombosis after no tests – $12,000,000 Verdict (access required)

Isatu Sheriff, 39, emigrated to the U.S. from Sierra Leone. For many years, she worked long hours in a nursing home as a certified nursing aide. As a result, she developed a bunion on her foot. A Kaiser podiatrist scheduled ...

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Doctor injury spinal nerve during biopsy – $1.85 Million Verdict (access required)

The case involved a 33-year-old woman who underwent a lymph node biopsy in August 2011. During the procedure, the defendant ENT doctor transected the plaintiff’s spinal accessory nerve, causing permanent atrophy and paralysis of the trapezius muscle with significant pain, ...

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Woman’s use of eyelids damaged in surgery – $800,000 Verdict (access required)

Patient, a 70-year-old Taiwanese woman, sought cosmetic surgery to remove the “puffiness” in her eyelids. She went to defendant (plastic surgeon) who recommended a blepharoplasty (a procedure to remove fat from her eyelids). During the blepharoplasty, defendant severed the tendon ...

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Plaintiff had right to accelerate payments after default – $1,462,500 Verdict (access required)

The trial involved a breach of contract arising from the purchase of Mr. Holman’s ownership interest in Dominion Mechanical. Plaintiff Stephen Holman sought to accelerate principal and interest payments, and attorney’s fees equal to 25 percent of the unpaid balance, ...

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Comp Denial Based on Phony Forgery Claim (access required)

The Virginia Employment Commission’s handling of a medical technologist’s proffers of proof that she did not falsify a doctor’s note, and denial of unemployment compensation based on her “misconduct,” are reversed as “arbitrary and capricious” by the Fairfax Circuit Court. ...

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