Newport News Circuit Court

May 9, 2022

Court issues pre-trial evidentiary orders

Where the parties contested the admissibility of testimony and argument relating to third-party guilt, the court issued its rulings after considering the parties’ arguments and briefs, as well as additional caselaw and statutory authority. Opening argument Defendant cannot delay his opening statement after evidence has been introduced. “Virginia Code § 19.2-265 relevantly states: ‘On the [&[...]

Mar 21, 2022

Plaintiff suffered TBI, other injuries in crash on I-664 — $680,000 settlement

Type of action: Personal injury Injuries alleged: Mild traumatic brain injury, neurocognitive issues, depression, anxiety, tinnitus, cervical strain, cervical spasms, cervical radiculopathy, back strain and left shoulder pain Name of case: Powers v. Lopez Court: Newport News Circuit Court Case no.: CL1703675F-15 Date resolved: 12/16/2021 Special damages: $120,519.40 Verdict or settlement: Settleme[...]

Feb 14, 2022

Plaintiff’s gallbladder surgery led to bowel perforation — $1.275M settlement

Type of action: Medical malpractice Injuries alleged: Bowel perforation Court: Newport News Circuit Court Special damages: Several hundred thousand dollars of medical bills Verdict or settlement: Settlement Amount: $1,275,000 Attorney for plaintiff (and city): Robert J. Haddad, Virginia Beach Description of case: Plaintiff had gallbladder surgery which resulted in a bowel perforation that led to [[...]

Nov 29, 2021

Jury sides with surgeon in hernia repair medical malpractice case — Defense verdict

Type of action: Medical malpractice Injuries alleged: Total colectomy and ileostomy Name of case: Halbig v. Reichenbach Court: Newport News Circuit Court Case no.: CL19-1042 Tried before: Jury Name of judge or mediator: Judge Christopher R. Papile Special damages: Medical expenses of $1,118,951.48 Demand: $1,925,000 Offer: $250,000 Verdict or settlement: Verdict Amount: Defense verdict Attorneys [[...]

Oct 11, 2021

All of defendant’s military retirement pay must be divided

Where defendant, a U.S. Navy retiree, began receiving military retirement pay and later “Concurrent Retirement Disability Pay,” both are military retirement pay that must be divided under the parties’ property settlement. Howell v. Howell, 137 S. Ct. 1400 (2017), which held that that state courts cannot treat as community property any military retirement pay that […]

Oct 4, 2021

Concealed weapon case proceeds in prosecutor’s absence

Where the commonwealth’s attorney declined to prosecute a misdemeanor concealed weapon charge, defendant’s motion to dismiss, based on the prosecutor’s absence, is denied. The court agrees with a recent circuit court opinion, Commonwealth v. Sangha, 2021 WL 1179859 (Fairfax Cnty. Mar. 29, 2021), which concluded that the prosecutor has the discretion not to prosecute misdemeanors. […]

Apr 30, 2021

Husband not entitled to spousal support

The court issues a final decree of divorce on the grounds that the parties have lived separate and apart, without cohabitation and without interruption for more than one year. The court cannot grant wife’s counterclaim for a divorce based on cruelty because there is no corroborating evidence. Further, husband is not entitled to spousal support […]

Apr 9, 2021

COVID-19 claim is med-mal case

Where an elderly patient died after contracting COVID-19 in defendant hospital’s senior care facility, her estate’s claim is a medical malpractice case. Defendant’s motion to dismiss for lack of expert certification is granted. Background Goodwin, an 81-year-old woman, was a patient at the Orchard, a senior care facility owned by defendant Patrick Henry Hospital. Elisha […]

Mar 22, 2021

Woman suffered fractured wrist in tractor-trailer accident — $250,000 settlement

Type of action: Tractor-trailer truck accident Injuries alleged: right comminuted radius (wrist) fractures Court: Newport News Circuit Court Tried before: N/A Name of judge or mediator: the Honorable Thomas Shadrick, McCammon Group Date resolved: 2/18/2021 Special damages: $54,118.01 Demand: $700,000 Verdict or settlement: SettleAment Amount: $250,000 Attorney for plaintiff and city: Carlton F. Be[...]

Jan 18, 2021

Woman killed crossing road at night in Newport News — $110,000 settlement

Type of action: Wrongful death Injuries alleged: Wrongful death – motor vehicle accident Court: Newport News Circuit Court Name of judge or mediator: Judge Charles Poston (Ret.) Date resolved: 10/15/2020 Demand: Policy limits Offer: $25,000 Verdict or settlement: Settlement Amount: $110,000 Attorney(s) for plaintiff (and city): David B. Holt and J. Ashton Wray Description of […]

Aug 3, 2020

Judge allows discovery of risk manager’s notes

A Newport News circuit judge says the opportunity to depose a risk manager is no substitute for having the official’s handwritten notes made a few days after a patient’s fall in a hospital. The decision by Judge Christopher R. Papile is among several rulings relating to documents subpoenaed by the patient’s lawyer. Certain incident report […]

Apr 27, 2020

Bus driver lost spleen, had broken ribs in accident — $450,000 settlement

Plaintiff was employed as a school bus driver. On Nov. 10, 2017, he returned from his route and cleaned the bus. He left his home to drive to the local landfill at approximately 5:20 p.m. The sun was below the horizon, but it was not totally dark. As plaintiff sat at a stop sign on […]