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By letter opinion dated March 23, 2020, Richmond Circuit Court found that the medical malpractice victim sufficiently stated a cause of action for willful and wanton negligence and punitive damages with “specific instances involving both sets of Defendants acting in conscious disregard or reckless indifference...

By letter opinion dated March 6, 2020, Nottoway Circuit Court granted Plaintiff’s Motion to Compel Defendant’s “staff information;” “policies, procedures, and training materials;” and “financial information” about “net worth” for punitive damages. Id. at 2. The medical malpractice case is Henderson v. Hickory Hill Retirement...

By letter opinion on February 6, 2020, Circuit Court for the City of Charlottesville deemed a temp agency “substitute” nurse an employee of University of Virginia Medical Center (“UVAMC”), yet denied her sovereign immunity. It found that the nurse was not engaged in an “essential...

On February 13, 2020, the Virginia Supreme Court issued Tahboub v. Thiagarajah, No. 190019, reversing and remanding for new trial the dismissal of a medical malpractice claim for wrongful death. It held that Plaintiff’s medical experts sufficiently established a standard of care breach, what should...

January 2020 Trial marquees “Failure to Warn: DRUGS & DEVICES”. It features 5 vehicle crash cases in its “Verdicts & SETTLEMENTS”. Id. at 12-16. “Negligent operation of train caused derailment that injured passengers, motorist” highlights a $16,750,000.00 2019 Washington jury award. Id. at 12. “Improper turn”...

On January 16, 2020, the Virginia Supreme Court unanimously reversed and remanded for jury trial on damages alone a motorist’s personal injury claim against a wrongfully arresting police officer in Cromartie v. Billings, No. 180851. Id. at 22. Most significant for vehicle accident, medical malpractice,...

On January 2, 2020, the Virginia Supreme Court posted an unpublished opinion about declaratory judgment, necessary party, and attorney’s fees provisions in Flint Hill School v. McIntosh, No. 181678, an appeal from Fairfax County Circuit Court. Flint Hill reviewed extensively the “actual controversy” requirement for...

On December 12, 2019, the Virginia Supreme Court entered an unpublished opinion about “fraud on the court,” delineating intrinsic and extrinsic fraud, and emphasizing the need to plead fraud “allegations that would rise to the level of clear and convincing evidence”. The case is McClung-Logan...

On November 27, 2019, the Virginia Supreme Court issued an unpublished opinion on the effect of a party’s death about judgment and appeal. The Court concluded that a judgment entered against a deceased party (for whom no representative had been appointed) was not a final...

On December 30, 2019, The National Law Review headlined: “OSR’s New Initiative Pursues Enforcement of Patient’s Right of Access under HIPAA”. For example, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) in May 2019 fined Korunda Medical LLC $85,000.00...

In December, Mr. Waterman was selected for membership in the American Trial Academy: Top-Tier Lawyers. 2020 is the inaugural class. My practice focuses on car accidents, medical malpractice, and other cases of wrongful death and personal injury. Contact me about your case!...

By letter opinion on December 9, 2019, Circuit Court for Colonial Heights found the Plaintiff car collision victim’s Complaint “sufficient to state a common law and statutory claim [under Va. Code §8.01-44.5] for punitive damages” against the Defendant offending driver. Id. at 4. Notably, the...

Trial Lawyer for Winter 2019 covers “Popular Antidepressant Recalled Over Contamination Fears”. The tainted prescription drug is Xanax manufactured by Mylan Pharmaceuticals during July-August, 2018, with expiration date of September, 2020. Id. at 36. Trial Lawyer is the monthly law journal of The National Trial Lawyers...

On December 9, 2019, a Virginia Beach jury awarded a Plaintiff car collision victim $27,600.00 in compensatory damages for his personal injuries, plus an additional $150,000.00 in punitive damages for the Defendant offending motorist being severely intoxicated on Xanax and Marijuana. Significantly, Plaintiff’s injuries only...

In December, 2019, Mr. Waterman was selected by the Association of America’s Top Lawyers as one of the Top 100 Lawyers in Virginia for Civil Litigation Law. His practice focuses on auto accident, medical malpractice, and other personal injury and wrongful death litigation. Contact him...

By Order on December 9, 2019, United States District Court for the Eastern District of Virginia in Alexandria held that the 20-year extension of the ordinary 2-year statute of limitation by Va. Code §8.01-249(6) for claims “resulting from sexual abuse” applies to negligent non-perpetrators in...

By Order on December 6, 2019, Fairfax Circuit Court granted Plaintiff’s Motion for Bill of Particulars as to the medical malpractice Defendant’s threadbare Answer, which summarily declared numerous paragraphs of the Complaint incomplete/inaccurate and/or different from or contrary to the medical records (despite a pending...

The cover of Trial for December, 2019 is emblazoned “DIVE INTO DISCOVERY”. Its timely lead articles are “KNOW THE Networks,” about social media evidence, id. at 20-24; “Privilege Log: Start With the Basics,” about improper defense withholding of documents, id. at 26-34; and “DIG DEEP...

By scholarly 7-page letter opinion dated November 14, 2019, Norfolk Circuit Court adopted a restrictive discretionary view of oyer, denying Defendant’s Motions Craving Oyer. The pro-plaintiff case is Hartline v. Hartline, No. CL19-8159. My law practice focuses on vehicle accidents, medical malpractice, and other cases of...

On November 21, 2019, I settled for GEICO auto liability policy limits of $500,000.00 the personal injury claim of a Williamsburg resident who suffered a serious knee injury in a 2-car collision. Personal injury suit was filed in Newport News, Virginia where the crash occurred. My...

Trial for November 2019 is emblazoned “Product Liability”. Its lead article, “Safety Is NOT an Option,” highlights how auto manufacturers are not including “collision avoidance technology” in most cars, thereby leading to more crash deaths and serious injury. Id. at 38-44. November Trial’s “Verdicts & SETTLEMENTS”...

On November 6, 2019, the Virginia Supreme Court denied a medical malpractice Defendant’s Petition for Appeal, which asserted that Virginia’s nonsuit statute was an unconstitutional abridgement of the right to jury trial. The case is Pastore v. Small, No. 190330....

            Effective October 19, 2019, Avery T. “Sandy” Waterman, Jr., Esq. opened Waterman Law Centers, PLLC. Its two new law offices are McLaws Circle in Williamsburg and City Center Suntrust in Newport News. Waterman’s perennial award-winning personal injury practice focuses on vehicle accidents and medical...

On October 2, 2019, Nottoway Circuit Court rejected medical malpractice Defendants’ argument that the Virginia Consumer Protection Act (“VCPA”) does not apply to assisted living facilities and that their alleged inducing fraudulent statements were mere “sales trade talk or puffery”; and overruled their Demurrer regarding...

Mr. Waterman was voted a 2020 “Top Lawyer” by Lawyers in Coastal Virginia. He will be recognized at the winner’s reception in November, 2019, in CoVaBIZ in January, 2020, and in Coastal Virginia Magazine in January-February, 2020. My practice focuses on car accidents, medical malpractice, and...

October 2019 Trial is emblazoned “From Intake to Settlement”. Its “Verdicts & SETTLEMENTS” reports 4 vehicle accident cases. Id. at 12-16. “Failure to implement safety precautions at light rail station” marquees a $15,000,000.00 2019 Oregon jury award to a pedestrian/passenger struck by a train. Id. at...

The Trial Lawyer for Fall 2019 is emblazoned “BIG TOBACCO 2.0,” “JUUL” and “VAPES”. Its LEGAL BRIEFS headlines: “FDA Orders Flavored ‘Vape Juices’ Pulled From The Market”. Id. at 28. Fall 2019 Trial Lawyer also covers: “Scientists Discover The Possible Cause of Talc-Related Ovarian Cancer,” id....

On September 20, 2019, the U.S. House of Representatives passed H.R. 1423, the FAIR Act. The Act restores Americans their Constitutional right to trial by jury by ending forced arbitration. Among others, the FAIR Act was advocated by the American Association for Justice (“AAJ”), formerly the...

The September 2019 issue of Trial features 4 auto accident cases in “Verdict & SETTLEMNTS”. “Negligent operation of tractor-trailer leads to rear-end collision” highlights a $15,000,000.00 2019 Connecticut jury award. Id. at 12. “Negligent left turn” reports a $4,400,000.00 2018 California jury award to a...

On August 30, 2019, the Virginia Supreme Court held the trial court “erred in removing the scope-of-employment issue from the jury” based on Plea in Bar in the medical malpractice case of Our Lady of Peace, Inc. v. Morgan, No. 180376 at 20. It also...