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Prince William County Circuit Court

Jul 9, 2012

Wrongful death due to delay in lung cancer diagnosis – $2,000,000 Verdict

This wrongful death action was originally filed as a personal injury suit for failure to diagnose lung cancer. The plaintiff died during the pendency of the case, and it was amended to a wrongful death action, prosecuted by two adult children as administrators of the estate on behalf of the four adult children beneficiaries. The […]

May 7, 2012

New zoning cases ‘reconcilable,’ land use lawyer says

The Supreme Court of Virginia’s recent resolution of a zoning case by unpublished order has caused confusion both on the high court and among observers, where none is warranted. In its unpublished order in Town of Occoquan v. Elm Street Development, Inc. (VLW 012-6-062), the high court upheld a decision in favor of a developer […]

May 7, 2012

Teen claimed she didn’t know driver was drinking – $175,000 Settlement

This case stemmed from a motor vehicle accident. Plaintiff was 18 years old and had been at a gathering at her boyfriend’s townhouse. It was alleged that there had been drinking going on, but she contended that she was not aware of this. At approximately 11:00 p.m., everyone at the townhouse decided to go for […]

Apr 2, 2012

Court Reconsiders ‘Vested Rights’ Case

In this suit in which the court earlier made rulings involving vested rights [VLW 011-8-195], the Prince William County Circuit Court now grants motions for reconsideration, in part. I have concluded the motions for reconsideration should be granted. The Supreme Court of Virginia’s Dec. 1, 2011, order stayed further hearing before the BZA and the […]

Apr 2, 2012

Plaintiff denied recovery for negligence of John Doe motorist – Motion to Dismiss Granted

Plaintiff was driving a motorcycle on I-66 when he came upon a truck bumper in the road. He struck the bumper, which caused him to fall and be injured. He did not see how the bumper came to be in the road, and did not know if it fell off of a vehicle or was […]

Jan 30, 2012

No Maryland Damage Cap in Virginia Case

In this auto-accident case, a Prince William County Circuit Court declines to apply the Maryland cap on non-economic damages because the court finds the cap does not affect substantive rights in a wrongful death, but merely affects the remedy; but the court recognizes there is a split of authority on this point in Virginia circuit […]

Jan 23, 2012

Hand bones broken in crash – $213,000 Verdict

Plaintiff was traveling through an intersection on a green light. The defendant ran the red light, causing the cars to collide with great force in the middle of the intersection. Plaintiff suffered broken bones in her left hand. The case was tried in Prince William Circuit Court and the  jury returned a verdict of $213,000. […]

Jan 16, 2012

Man died after surgery, doctors prevail in death suit – Defense Verdict

At 10:30 a.m. on May 1, 2008, the decedent, age 80, was brought to the Prince William Hospital Emergency Department by ambulance with complaints of severe back and right hip pain, nausea and vomiting, which had started that morning. Awake, alert and screaming for morphine, decedent provided the triage nurse and ER physician, a defendant, […]

Jan 9, 2012

Association wins case over condo water damage – Defense Verdict

The plaintiff alleged she was the owner of a townhouse condominium unit that in 2008 had water intrusion from an unknown source. She complained to the condo association. The association hired a handyman to look for the source of the leak. In order to search for the leak and with the permission of the plaintiff, […]

Oct 21, 2011

Court Stays Decision on Vested Rights

Although the Prince William County Circuit Court has independent authority to decide a vested rights controversy raised by two letters issued by the zoning administrator, the court chooses not to exercise this authority at this time and will stay further proceedings pending decisions on appeals to the board of zoning appeals and the board of […]

Oct 17, 2011

Defense offered $25K to settle back injury case – $362,500 Verdict

Plaintiff was in the third vehicle in a three-car rear-end collision. His vehicle sustained a damaged bumper and he transported himself to the hospital hours after the collision. Plaintiff suffered aggravation of a pre-existing desiccated disc at the L5-S1 level along with a new annular tear at that level. The plaintiff also had a pre-existing […]

Sep 19, 2011

Wreck after birthday celebration resulted in woman’s elbow injury – $350,000 Settlement

The plaintiff passenger and the defendant driver were out drinking and celebrating the driver’s birthday when the driver lost control on “ice” and her vehicle struck a tree. Following the collision, the plaintiff was trapped inside the vehicle and had to be extracted using the Jaws of Life. Both were determined to be legally intoxicated […]

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