Galumbeck v. Lopez, No. 102416 (Va. Mar. 2, 2012) is a medical malpractice appeal. It rejected all 4 of the defendant doctor’s assignments of error. First, Galumbeck found no juror misconduct despite a juror nodding to plaintiff, shaking the hand of his expert, and telling the expert “good job” re...
In the automobile accident case of Wakole v. Barber, No. 102176 (Va. Mar. 2, 2012), the Virginia Supreme Court held that “as long as there is evidence to support an award of non-economic damages, plaintiff is allowed to break the lump sum amount into its component parts and...
The Trial Lawyer is the quarterly magazine of The National Trial Lawyers, an organization of premier vehicle accident, medical malpractice, and other wrongful death and personal injury lawyers of which Mr. Waterman is a member. Its Winter 2012 issued is titled “Occupy the Courts,” harkening...
On March 20, 2012, Circuit Court for the City of Newport News, Virginia, entered a Scheduling Order in the medical malpractice suit of Shirley Frazier Burrell v. Riverside Hospital, Inc., et al., No. CL1101633F-15. Two-week jury trial on the merits is scheduled for November 26-December...
Trial is the monthly magazine for the American Association for Justice (“AAJ”), formerly the American Trial Lawyer’s Association (“ATLA”), of which Mr. Waterman has been a member for decades. Its March 2012 issue titled “Countdown to Trial” includes Verdicts & Settlements about crime victims. One case...
In the vehicle accident case of Kocher v. Campbell, 282 Va. 113 (2011), the Virginia Supreme Court addressed the standing of plaintiff to maintain his personal injury suit. The car collision victim had filed Bankruptcy prior to filing his lawsuit. Kocher held that the action was...
On March 14, 2012, a jury in Circuit Court for Montgomery County, Virginia, found that Virginia Tech officials were liable for the 2007 fatal mass shooting of 32 on its campus. The jury in Christiansburg awarded $4,000,000.00 to surviving family members for the wrongful deaths...
Dabney v. Augusta Mutual Ins. Co., 282 Va. 78 (2011) addressed the timeliness of notice to defendant’s insurer. Augusta Mutual asserted that the insured not sending notice until 254 days after being served with the personal injury lawsuit was untimely. “Given the extenuating circumstances presented in...
In Conger v. Barrett, 280 Va. 627 (2010), the Virginia Supreme Court vindicated Plaintiff’s right to reinstate her wrongful death suit within 1 year of its dismissal under Va. Code Ann. §8.01-335(B). The court rejected the defense assertion that Va. Code Ann. §8.01-244(B) two-year limitation...
In Johnson v. Hart, 279 Va. 617, 624 (2010), the Virginia Supreme Court held that counsel did not waive objection to the adverse portion of the judge’s letter opinion by endorsing the Court’s Order “seen and consented to”. Lionizing Va. Code Ann. §8.01-384, the Court...
In the medical malpractice case of Mahone v. Sentara Hospitals, et al., No. CL10-1122 in Circuit Court for the City of Suffolk, Virginia, certain defendants filed Demurrer and Motion for Bill or Particulars while refusing to submit to discovery deposition. On March 6, 2012, Mr....
Mr. Waterman is a proud Co-Sponsor of Jamestown High School’s 11th Annual Swamp Run 5k Run/Walk on March 10, 2012. Please register now through the JHS Athletic Booster Club or Colonial Road Runners to support the school children – first 200 get free commemorative t-shirts! It...
On February 29, 2012, Mr. Waterman argued in the brain injury appeals of Burns v. Gagnon and Gagnon v. Burns, Record Nos. 110757 & 110767 in the Supreme Court of Virginia. It likely will be weeks before a written opinion is handed down. Burns is appealing...
During February 24-25, 2012, Mr. Waterman attended the “Reptile in Trial” Seminar in Raleigh, North Carolina. It featured noted jury consultant, David Ball, Ph.D.; and medical malpractice trial lawyer, Don Keenan, Esq. Ball and Keenan authored Reptile: The 2009 Manual of the Plaintiff’s Revolution. Reptile also...
On February 24, 2012, the Virginia Supreme Court entered Order in the brain injury appeal of Burns v. Gagnon, No. 110754, granting Gagnon’s Motion to Strike re Section 1 of Burns’ 12/5/11 Reply Brief. Gagnon asserted that procedurally Burns had exceeded the permissible scope of...
Landrum v. Chippenham and Johnston-Willis Hospitals., Inc., 282 Va. 346 (2011) is a medical malpractice case. Therein the Virginia Supreme Court held that the Circuit Court for the City of Richmond, Virginia did not abuse its discretion in excluding expert witnesses for not obeying pretrial...
On November 4, 2011, the Virginia Supreme Court issued its opinion in the automobile accident appeal of Ruhlin v. Samaan, 282 Va. 371 (2011). It upheld the Circuit Court of Chesterfield County allowing use of the transcript of an insurer’s recorded telephone statement “to refresh...
The February 2010 issue of Trial, the monthly magazine of the American Association for Justice (“AAJ”), marquees “Moving Violations”. It features such vehicle accident topics as “When Seat Belts Stop Short of Safety,” “Gear Up for Bicycle Accident Cases,” “Driving toward Justice in a Dram...
On February 10, 2012, the Supreme Court of Virginia scheduled oral argument for February 29, 2012, in Mr. Waterman’s brain injury appeal of Burns v. Gagnon and Gagnon v. Burns, Record Nos. 110754 & 110767. Each case appealed is accorded 30 minutes, split between the...
On February 9, 2012, Mr. Waterman filed Motion to Strike of Appellant/Appellee/Cross-Appellant, Gregory Joseph Gagnon, in Burns v. Gagnon, Record No. 110754 in the Supreme Court of Virginia. Burns is the brain injury appeal from the 2010 jury award of approximately $6,100,000.00 in Circuit Court...
Toward evaluating a potential medical malpractice claim, pursuant to Va. Code Ann. §8.01-413(B) Mr. Waterman sought a patient’s “records or papers” from Maryview Nursing Care Center in Suffolk, Virginia. His request was made without any suit pending and included inter alia any so-called incident reports. Through...
Johnson v. Woodward, 281 Va. 403 (2011) addressed the jurisdiction of trial courts upon entry of final orders. It was on appeal from the Circuit Court of Gloucester County. Johnson reaffirmed that under Va. Sup. Ct. Rule 1:1 “[a]ll final judgment, orders, and decrees…shall remain under...
On January 13, 2012, the Virginia Supreme Court issued its opinion in DeMille v. Commonwealth, 2012 Va. LEXIS 13, a case involving criminal sexual abuse. DeMille affirmed the judgment of Circuit Court for Fairfax County that the defendant rapist was a “sexual violent predator in...
The Bencher is the bi-monthly magazine of the American Inns of Court. Its current President is The Honorable Donald W. Lemons, presently the longest serving Justice on the Virginia Supreme Court. The January/February 2012 issue features “Samuel Leibowitz: A Courageous Advocate”. Leibowitz was acclaimed for his...
On January 19, 2012, Mr. Waterman accepted the tender of six-figure liability policy limits for a car accident by State Farm Mutual Automobile Insurance Company. On October 9, 2010, State Farm’s insured drove on the wrong side of State Route 250 in Goochland County, Virginia;...
The Winter 2011-2012 issue of The Safety Report features as an article “15 WAYS TO PROTECT YOUR CHILD FROM SEXUAL ABUSE”. “Some child abuse studies have reported that as many as 1 in 3 females and 1 and 6 males report experiencing some form of...
On January 17, 2012, Mr. Waterman settled a client’s personal injury claim arising out of a two-car accident. A Mechanicsville resident broadsided a Williamsburg resident when disregarding a red light in Richmond, Virginia. The vehicle crash victim received months of treatment from healthcare providers in the...
Citing Va. Code Ann. §8.01-296, Defendant Riverside doctors emphasize that Plaintiff did not attempt to serve them at their homes in the birth-related personal injury lawsuit for medical malpractice of Andre L. Gibbons, Jr., et al. v. Riverside OB/GYN and Family Care, et al., No....
In January, 2012, the Inspector General of the Department of Health and Human Services (“DHHS”) issued a 42-page report titled Hospital Incident Reporting Systems Do Not Capture Most Patient Harm, OEI-06—09-00091. As a corollary, incidents of medical malpractice may go underreported. “Hospital staff did not report...
The American Association for Justice (“AAJ”) posted TrialNews online this week. It featured a healthcare note bearing on medical malpractice. “The Joint Commission [on Accreditation of Healthcare Organizations (“JCAHO”)] is urging hospitals to address the ongoing problem of health care worker fatigue as it relates to...