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Rockingham County Circuit Court

Aug 11, 2011

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 […]

Jul 28, 2011

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 […]

Jun 6, 2011

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 […]

Sep 6, 2010

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 […]

Aug 30, 2010

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 […]

Jul 30, 2010

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 […]

Jul 29, 2010

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” […]

Apr 12, 2010

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 […]

Jan 18, 2010

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. […]

Jan 14, 2010

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. […]

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