Free Newsletter
Patient protection law supports negligence claim
A Virginia “patient’s rights” statute can support a negligence per se claim against a hospital filed after a hospital attendant sexually assaulted a psychiatric patient, a Lynchburg Circuit Court has ruled. The statute, Virginia Code § 37.2-400, is intended to protect patients receiving services at hospitals funded or operated by the Virginia Department of Behavioral […]
Young man fell to his death after deck rail broke off – $900,000 Settlement
On Jan. 17, 2014, the decedent, Peter Thornton and his girlfriend, were invited guests at the residence of Brian Landergan. The residence was owned by Landergan’s parents. Just after midnight on Jan. 18, 2014, Thornton and Landergan walked out of the house and onto the back wooden deck. The deck was one story above the […]
How to win cases and influence damages
The Supreme Court of Virginia had mostly good news this month for lawyers seeking damages in state courts. The court opened doors for disgruntled consumers and removed one possible hurdle for litigants seeking punitive damages. The court also made it clear, however, that juries generally have the final say on damages, even when a judge […]
Nuclear energy company sought royalties owed under agreement – $16,075,000 Verdict
Areva alleged that the Babcock & Wilcox Companies owed it money pursuant to a 2004 sub-license of a nuclear technology agreement. Under that agreement, B & W was supposed to pay Areva a 4 percent royalty on contracts it obtained that required the use of Areva’s technology. Areva sought the royalty on contracts in excess […]
Plaintiff became legally blind following heart surgery – Defense Verdict
On Sept. 29, 2010, plaintiff presented to the emergency department complaining of shortness of breath and chest pain. After an echocardiogram and cardiac catheterization confirmed a prior myocardial infarction and severe coronary artery disease, a decision was made to take plaintiff into surgery. Two days later, the defendant cardiothoracic surgeon performed plaintiff’s five-way coronary art[...]
Defendant may have pleaded too much in nude photo lawsuit
A professional photographer may have overplayed his hand responding to accusations he published online nude photos to harass a model turned soccer coach. Last month, a Lynchburg federal judge dismissed the photographer’s counterclaims and refused to trim the coach’s lawsuit, saying the photographer “pleaded himself out of court” with allegations that show he has no […]
Catheter came loose during dialysis, causing stroke, death – $1,700,000 Settlement
The decedent was a 33-year-old mother of three minor children who went for dialysis therapy at the University of Virginia Health System Dialysis Center in Amherst. During the dialysis treatment, a catheter was used to remove blood from the decedent, run the blood through the dialysis machine, and return the blood to the decedent. During […]
Pretrial Injunction Ordered in Trade Secret Case
A Lynchburg Circuit Court grants a preliminary injunction to prevent defendant’s use or disclosure of trade secrets or confidential and/or proprietary information defendant may have obtained from his prior employment with plaintiff, before he went to work for a competitor. Under Virginia law, in order to establish misappropriation of trade secrets under Va. Code § […]
Engineer sued for leaving with data
A trade secrets skirmish in a Lynchburg courtroom has become a sideshow in a high-stakes battle over a contract to manage the nation’s atomic bomb factory. While giant corporations jousted for the prized $22 billion federal contract, a former government overseer at the Texas nuclear weapons plant stood before Lynchburg Circuit Judge Mosby G. Perrow […]
Patient developed serious infections following colon resection – $725,000 Settlement
The plaintiff was taken to the emergency room after experiencing nausea, vomiting and severe abdominal pain for a week. While in the ER, the plaintiff underwent a CT of the abdomen and pelvis. Results showed a markedly distended colon at the level of the distal transverse colon, which was deemed to be secondary to a […]
Woman dies from blood loss after cesarean section delivery – Defense Verdict
Decedent, a 31-year-old single female and mother of six, delivered a child by cesarean section on Dec. 27, 2001. A relatively large amount of blood was lost during the surgery. She initially did well following surgery. After about six hours, she became hypotensive and went into hypovolemic shock. The defendant, an intensive care specialist, was […]
Nursing home patient breaks tibia, sprains ankle in fall – $300,000 Verdict
An 83-year-old bed-bound nursing home patient, who was dependent on nursing home staff for all activities of daily living, was allowed to fall from the side of her bed to the floor while an aide was changing the patient and her sheets. As a result of the fall, the patient sustained a subtle fracture of […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- 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
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
