Stafford County Circuit Court

Feb 16, 2016

No sanction for denial of deadline extension

The Supreme Court of Virginia has struck down a $1,200 penalty for a lawyer who refused to allow extra time for an adversary to respond to a lawsuit. In an opinion penned by Chief Justice Donald W. Lemons that outlines the distinction between professionalism and basic ethical standards, the court ruled a trial judge went […]

Nov 23, 2015

Complications arose during surgery on broken clavicle – Defense Verdict

Plaintiff, age 52 and mailman with the US Postal Service for 26 years, fell on April 30, 2011, fracturing his collarbone (or clavicle). The defendant orthopedic surgeon treated the plaintiff, who was a two-pack-a-day cigarette smoker, conservatively with a sling for three months. Serial X-rays, however, revealed that the fracture was not healing. On July […]

Sep 17, 2015

Lawyer couples lawsuit with campaign for day care safety

A Northern Virginia lawyer says he hopes to leverage his firm’s litigation against child care facilities to push for reforms to prevent children from becoming sexual abuse victims. In the midst of trial preparation in one case of alleged child sexual assault, and showcasing a separate $22 million suit based on similar allegations, Peter S. […]

Jun 22, 2015

Woman injured when SUV crashed into bank lobby – $175,000 Verdict

On Oct. 10, 2012, the 72-year-old defendant was pulling into a parking spot at a local bank when she lost control of her SUV, jumped the sidewalk and crashed into the bank’s vestibule. The impact occurred just as the plaintiff, a 47-year-old restaurant manager, was walking into the building to make a deposit for work. […]

Jun 15, 2015

How to win cases and influence damages

The Supreme Court of Virginia had mostly good news this month for lawyers seeking damages in state courts. The court opened doors for disgruntled consumers and removed one possible hurdle for litigants seeking punitive damages. The court also made it clear, however, that juries generally have the final say on damages, even when a judge […]

Dec 8, 2014

Auto manufacturer refused to buy back defective vehicle – $29,168 Verdict, $31,500 in Legal Fees

This was a Virginia Lemon Law/ Magnuson-Moss Warranty Act case filed due to a vehicle’s numerous defects. The defective vehicle, a Kia Forte, allegedly had a multitude of problems, including: engine vibrations while driving, loss of power steering functioning (after having been repaired twice) and a malfunctioning airbag system. On one occasion, the car completely […]

Mar 12, 2014

Habeas Relief for Juvenile Assault Case

A Stafford County Circuit Court grants a writ of habeas corpus to a defendant convicted of sexual assault as a juvenile, based on his court-appointed lawyer’s constitutionally ineffective assistance of counsel, which included a failure to adequately investigate allegations that petitioner raped a 14-year-old female acquaintance, who later recanted her accusations. The court finds petitioner [&he[...]

Feb 12, 2014

Youth’s rape conviction vacated for ineffective counsel

Finding that a Stafford attorney failed to provide reasonably competent representation to a 15-year-old boy who pleaded guilty to rape and burglary, a circuit judge has vacated the convictions. The effort to clear the name of Edgar Coker, now 22, involved more than five years of work by a high-powered legal team and a trip […]

Dec 16, 2013

Claim: Surgical complications led to premature menopause – Defense Verdict

Plaintiff, a 41-year-old woman with a longstanding history of Crohn’s disease, presented in March 2007 to a gynecologist/gynecologic surgeon with reports of left-sided pelvic pain. A recent pelvic ultrasound report provided to the surgeon indicated as part of the patient’s surgical history a prior right salpingo-oopherectomy and a hysterectomy. The ultrasound report stated: “The uterus [&hel[...]

May 20, 2013

Walmart customer seriously injured in slip & fall – $11,250,000 Verdict

Plaintiff was a customer at a Walmart store in Stafford County. A Walmart employee had mopped the floor and left the area to get a warning cone. While the employee was gone, plaintiff came into the area. Plaintiff did not see the wet floor, slipped on it, and was badly injured. Plaintiff’s injuries are painful, […]

Mar 1, 2013

$11.25M awarded for slip-and-fall

A doctor who suffered a permanent back injury when he slipped and fell in a Walmart store has won a $11.25-million verdict from a Stafford County jury. The amount is apparently a record for the county. The highest previous verdict in Stafford noted in Virginia Lawyers Weekly was a $5.8-million dollar award in 2004 for […]

Nov 21, 2011

Struck by car, man discovers back problem needing surgery – $647,013 Verdict

Plaintiff, age 51, was a pedestrian standing at the rear of his vehicle when he was struck by an uninsured motorist. He sustained injury to his low back. The defendant’s whereabouts are unknown. Prior to the accident, plaintiff had never had any symptoms or treatment for his low back. However, an MRI revealed that he […]