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Va. Cir.: No violation for “use” when rule targets “facilities”
A property owner couldn’t be convicted of providing free waterskiing lessons to disabled veterans without having obtained a conditional use permit, as the cited zoning ordinance spoke to recreational “facilities” rather than uses. Background Defendant Witchduck Lake Enterprises Inc. is on trial for charges of violating zoning requirements of Virginia Beach’s City Code Appendix A, […[...]
Testimony of ‘medical certainty’ was issue in med-mal appeal – $1,700,000 Verdict
This case was previously reported back in March 2015. There were numerous post-trial motions filed, most of which dealing with the issue of whether or not a treating physician was limited in the testimony he could provide at the trial of this case. Specifically, a subsequent treating physician in this case had determined that the […]
Bicyclist traveling against traffic was struck by van – Defense Verdict
The plaintiff was riding his bicycle in a slight northeasterly direction across the southbound lanes of the 200 block of N. Birdneck Road in Virginia Beach, toward the Food Lion shopping center entrance, when his bicycle collided with the defendant’s minivan near the center median. The defendant, who spoke a Chinese dialect and no English, […]
Podiatrist severed patient’s tibial nerve during foot surgery – $1,700,000 Verdict
This case arose out of a surgical procedure performed in 2009. Defendant podiatrist performed a total ankle replacement on the plaintiff. During the course of the operation, defendant severed plaintiff’s posterior tibial nerve. The allegation in the case was that the defendant lost control of the saw during the procedure and inadvertently severed the nerve. […]
A new player in judicial elections
There is a new player at the table when it comes to the reelection prospects of judges in Virginia. A child advocacy group based in Tennessee commanded the attention of legislators at judicial interviews earlier this month by citing data in a special report it prepared for the General Assembly and distributed prior to the […]
Report criticizes Va. judges on child abuse cases
Only a small percentage of suspected crimes against children are prosecuted in Virginia, and very few of those cases result in meaningful prison sentences, a child advocacy group says in a new report. The National Association to PROTECT Children sent the report this week to members of two legislative committees that will meet Friday to interview […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
