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 [&[...]
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[...]
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 [[...]
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 [[...]
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 […]
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. […]
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 […]
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 […]
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[...]
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 […]
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 […]
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 […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction