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Man, 71, settles suit for $5.1M
A 71-year-old Rockingham County man has settled his lawsuit arising from a 2009 tractor-trailer wreck for $5.1 million. The agreement came only after two failed mediation sessions, and it leaves unresolved whether the plaintiff could use the testimony of a “pain equivalency” expert, who planned to testify the man required as much medication as would […]
Breaking the streak: Defense scores win in high court
A doctor accused of malpractice scored a rare defense win in April when the Supreme Court of Virginia affirmed a trial verdict in his favor. For the past few years, the high court has not been so friendly toward medical malpractice appeals brought by physicians. Before the order upholding the court victory for Harrisonburg orthopedic […]
Spinal cord damaged during surgery for herniated disk – Defense Verdict
Plaintiff, age 35, went to defendant surgeon’s office on March 27, 2009, complaining of gradually worsening neck pain over the past three to four months. He also reported progressively worsening headaches, increasing numbness and tingling on the left side greater than the right and some occasional low back pain. Plaintiff reported that he could hardly […]
Handymen burned in propane furnace explosion – $2,000,000 and $250,000 Settlements
On the morning of Nov. 10, 2007, two contractors in their early 60s who did handyman work for a mobile home court near Harrisonburg went to the property to examine a propane furnace in one of the units. One of the men, Herman Gentry, who did not have experience in propane furnace work, had enlisted […]
Experts agree on need for surgery for injury from low-impact crash – $350,000 Settlement
Plaintiff, a 42-year-old male, was on his way to a doctor’s appointment for chronic low back pain when he was rear-ended by the defendant. Defendant was employed by Donegal Mutual Insurance Company and was driving a company car on her way to meet a fellow employee. The parties disputed the force of the impact. There […]
Negligence – Negligent Entrustment – ‘Road Games’
Even though there is no allegation that a driver was physically or mentally impaired when allowed to drive a vehicle, plaintiff does allege defendant continued to permit the driver to operate the vehicle despite witnessing the driver’s “road games,” and a Rockingham County Circuit Court denies defendant’s motion for summary judgment. Defendant asks for summary […]
Entrustment claim OK despite no impairment
Even though a driver in a car wreck had no physical impairment and was not using drugs or alcohol, a Rockingham County judge allowed a negligent entrustment claim against the passenger who owned the car. The plaintiff alleged the driver was “unfit” and the passenger knew it, because he drove recklessly and played “road games” […]
Municipal – Procurement Act – Bid Protest – No Contract Award
An excavation company cannot use either the Virginia Public Procurement Act or defendant city’s own purchasing manual to establish the court’s jurisdiction for its challenge to the city’s decision not to award a contract on a particular project, and the Rockingham County Circuit Court sustains the city’s demurrer. Virginia Code § 2.2-4360 sets forth the […]
Civil Procedure – Nonsuit – Same ‘Action’ – Ad Damnum
Although a car-crash plaintiff changed her damages request when she refiled after a nonsuit – from $250,000 compensatory and $350,000 punitive damages to $300,000 compensatory and no punitive damages – her second lawsuit is the same “action” and is timely under the savings provision of Va. Code § 8.01-229(E)(3), a Rockingham County Circuit Court holds. […]
P.i. plaintiffs post win on nonsuit issue
The latest battle over nonsuit rights may be heating up across Virginia. A new circuit court case clearly rejects a controversial decision last summer that dismissed a p.i. suit because it was refiled with an increased ad damnum. Last August, a Loudoun County judge dismissed with prejudice a suit refiled after nonsuit because the p.i. […]
Verdicts & Settlements
- 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
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
