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Tension between courthouse access and security
Courthouse security is cracking down across Virginia. Despite calls for relaxed cellphone policies in Virginia courthouses, many sheriffs are still reluctant to allow visitors to bring their phones past the security desk. In some locations, lawyers are facing stricter security hurdles as they enter the courthouse. “Allowing cellphones into the courthouse is a double-edged issue,” […]
Driver backed into woman, hurting her ankle – $248,630 Verdict
The case arose from injuries sustained in a low-speed collision in a restaurant parking lot on April 16, 2013. The plaintiff, who had an unrelated right knee injury scheduled for surgery several weeks later, was exiting the passenger side of a pickup truck to enter the restaurant. The defendant was backing her own vehicle out […]
Default for missed pleading deadline upheld
Code § 8.01-428(D) does not grant a court unlimited power to set aside a default judgment, and, as a result, where petitioner missed a pleading deadline in the underlying action, the default judgment granted in respondent’s favor is upheld. Parties’ positions Petitioner, 21 East, has asked the court to set aside a default judgment entered in […]
Cause of girl’s knee injury at issue in rear-ender – $100,000 Verdict
The plaintiff was a 16-year-old high school student who suffered a suspected right patellar dislocation playing softball on April 14, 2014. There was evidence that the plaintiff was back to exercising and playing basketball during the summer of 2014. On Aug. 11, 2014, the plaintiff was rear-ended on Interstate 81 as she was slowing down […]
Next-door neighbors not cohabiting
An ex-husband’s spousal-support obligations were not extinguished by his former wife’s long-term relationship with a man who ultimately moved in next door to her but maintained his own residence, the court held. Kathryn Sue Elmore Gobble (Wife) and Mark Lowell Gobble (Husband) were married from 1989 to 2007, when they divorced and executed a post-nuptial […]
Patient suffered cardiac arrest during bypass surgery – Defense Verdict
A 54-year-old female patient presented to defendant vascular surgeon in February 2010 with a history of peripheral arterial disease and related claudication, as well as a history of hypertension, arrhythmia, diabetes, smoking and alcohol abuse, among other conditions. She had previously undergone multiple stent placements, endarterectomy and angioplasties in her iliac and femoral arteries bilatera[...]
Diagnosis of gastric band slippage at issue in med-mal action – Defense Verdict
On Nov. 18, 2008, the patient presented to the emergency room at Lewis Gale Hospital in Salem with complaints of sudden vomiting, chest pains and abdominal pains after eating a piece of banana. She was an obese patient who had had an adjustable gastric band placed almost two years earlier, but had not experienced any […]
Parties Should Discuss Discovery Issues
In this long-running contract dispute between a homeowner and a home builder, a Salem Circuit Court denies a motion to reconsider and motions to compel and admonishes the lawyers that “ad hominem attacks, bitterness and biting sarcasm upon or about opposing counsel” are not consistent with the standards of professionalism endorsed by the Supreme Court […]
DSS Wins Fees in Guardian Cases
In light of the Salem Circuit Court’s separate appointments of a guardian and conservator for an elderly husband and wife, after their daughter, a physician licensed in another state, unlawfully dispensed medications to the mother, appeared abusive to her father, and was barred from each parent’s nursing home, the court awards $4,370 in attorney’s fees […]
Ailing Wife Wins Continued Support
In determining spousal support after termination of the parties’ 26-year marriage, a Salem Circuit Court awards wife $2,150 in monthly support, as she is unable to work due to her conditions of lymphoma, diabetes and lupus. Both parties are trying to maintain the standard of living they were accustomed to during marriage. If you take […]
Unlicensed Contractor Can Enforce Contract
Although plaintiff builder split his contractor business into two corporations and is still trying to straighten out his licensing issues, his alleged unlicensed status does not void the contract on which he is suing to collect $385,000 in extras on defendants’ custom-built home, and the Salem Circuit Court denies the homeowner’s motion for partial summary […]
‘Good Faith’ Saves Search for Tools
A search warrant for power tools, copper and accelerants was not supported by an affidavit that recounted facts such as a convicted felon’s recent delivery to the residence and his purchase of a possible accelerant, but the Salem Circuit Court applies the good faith exception and denies defendant’s motion to suppress. The affidavit indicated power […]
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
