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Sep 12, 2016

Plaintiff Had Claims Against Two VA Centers

A Vietnam veteran who alleges med­ical malpractice in the treatment of his prostate cancer failed to adequately ad­vise the Department of Veterans Affairs that his malpractice claim included his initial treatment at the Salem VAMC, which referred him to the Durham VAMC, where he allegedly was subjected to intraoperative injury during a prosta­tectomy; the Roanoke […]

Sep 12, 2016

No P.I. Claim for Cruise-Ship Slip

A cruise ship wins summary judg­ment in a passenger’s suit alleging she slipped and fell on liquid on the stairs while onboard the Spirit of Norfolk, a mealtime entertainment cruise ship; the Norfolk U.S. District Court Magis­trate Judge says plaintiff has not prof­fered any evidence of an unsafe condi­tion or of defendant’s awareness of an […]

Sep 5, 2016

No TRO for Motel Water Changes

An Alexandria U.S. District Court denies plaintiff’s ex parte motion seeking a tempo­rary restraining order enjoining defendant motel from altering the state of their water systems pending resolution of plaintiff’s suit alleging her husband, who suffered from leukemia, died from Legionnaire’s disease allegedly contracted at the motel which had substandard chlorine levels in the pool [&helli[...]

Aug 15, 2016

Doctor was fired after making mistake in common surgery – $1,000,000 Settlement

Plaintiff brought suit against a hospital system and his sur­geon after a failed com­mon iliac artery repair resulted in left ureter injury. The ureter inju­ry went undiscovered for more than a month, ultimately resulting in a radical nephrectomy. Plaintiff al­leged that, prior to his procedure, the hospital was aware that the surgeon was incapable of […]

Aug 8, 2016

No Extra Damages with Default Judgment

In the wake of plaintiff’s deposition of a state trooper who investigated plaintiff’s accident and testified that defendant was the driver of the tractor trailer that backed up and pinned plaintiff between his pickup truck and the tractor trailer, the Harrisonburg U.S. District Court enters default judgment against defendants for $750,000, the amount pleaded in […]

Aug 8, 2016

Three hurt after another car struck guard rail, veered back into road – $603,000 Settlement

On Sept. 26, 2015, Cole­man Owens was driving a 1999 Ford F-150 eastbound on I-64 in the center lane at approximately 55 mph. Diane Owens and Joyce Tibbs were passengers in the vehicle. At the same time, Lemarcus D. Richardson was driving a 2015 Nissan Sentra in the left hand lane of I-64 traveling 70 […]

Jul 18, 2016

Injured Worker Indemnity Dispute Goes to Trial

In this litigation arising from a 2012 industrial accident in which a hired con­tractor was injured by exposure to am­monia vapors, a Hopewell Circuit Court says Virginia law on indemnification will apply, as the New Jersey law selected by the parties violates Virginia public poli­cy on indemnification; the court denies summary judgment for the third-party […]

Jul 18, 2016

Man struck while directing bike race traffic settles for policy limits – $500,000 Settlement

On Oct. 4, 2014, Mr. Hamlet was helping direct traffic for a bike race during the course of his employment with the New Kent Coun­ty Sherriff’s Office. The defendant vehicle, a 2001 Dodge Ram, was southbound on Hen­peck Road at its intersection with Route 249. Mr. Hamlet was standing in the westbound lane of Route […]

Jul 18, 2016

Car wreck victim treated for four years after crash – $325,000 Settlement

On Feb. 10, 2012, Ms. Taliafeno was driving a 2009 Toyota Camry home from work on Stillman Parkway. Ms. Taliafeno was driving in the left lane when all of a sudden a 2003 Hon­da SUY driven by Evelyn Peple pulled out in front of her from a bank parking lot and struck her. Ms. Taliaferro […]

Jul 11, 2016

Patient Claims Podiatrist Acted as Psychiatrist

A woman who alleges she received treat­ment for physical and mental illness, in­cluding bipolar disorder, from the Hamp­ton-Newport News Community Services Board healthcare provider who represented that he was a psychiatrist, but who was a po­diatrist subject to disciplinary action in Cal­ifornia, may sue the defendant provider and the CSB for gross negligence; however, the […]

Jul 5, 2016

Court Strikes Punitives Claim in Auto Case

An assertion that defendant is a “life-long opiate addict” who knew his withdrawal symptoms during the 48 hours prior to his traffic accident would include confusion, distractability and “overall impairment of driving ability,” does not state a common law claim for punitive damages, an Augusta County Circuit Court says. We are dealing here with a […]

Jul 5, 2016

Registered nurse slipped, fell at resort in Virginia Beach – $485,000 Settlement

This is a slip and fall injury case arising out of an incident at the Holiday Inn and Suites North Beach on Atlantic Avenue at the Oceanfront. The plain­tiff was a registered nurse visiting the Vir­ginia Beach resort area from Northern Virginia. The area of the incident was apparently marked with yellow “cau­tion” signs while […]

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