Cabiness v. Medical Facilities of Am. VIII (8), L.P., 80 Va. Cir. 425 (Danville Jun. 21, 2010) is a medical malpractice action. It overruled the Demurrer to plaintiff’s claim for punitive damages. Cabiness found that the First Amended Complaint set forth sufficient facts supporting “willful and...
This month Mr. Waterman settled a pending but unserved vehicle accident lawsuit. The two-car crash occurred in York County and involved residents of Yorktown and Newport News, Virginia. The victim was traveling on State Route 622 (Brick Church Road) with the right-of-way through its intersection with...
Gibson v. Medical Facilities of America, Inc., 80 Va. Cir. 56 (Norfolk Jan. 22, 2010) is a medical malpractice case. It resolved issues of venue and an arbitration clause in favor of the nursing home resident, a victim of sexual molestation. First, Gibson held there was...
Mr. Waterman’s Gloucester County brain injury case, Gagnon v. Burns, Record Nos. 110754 and 110767, has been scheduled for oral arguments before a writ panel of the Virginia Supreme Court on August 31, 2011. Both parties have been granted 10 minutes on their respective Petitions...
Kudos to the Honorable Ronald E. Wilson, Judge of the 1st Judicial Circuit, sitting as temporary Justice on the Supreme Court of Appeals of West Virginia! On July 21, 2011, he authored a most courageous cogent dissent in the medical malpractice case of MacDonald v....
Mr. Waterman now is slated to speak on February 15, 2012, in New Orleans, Louisiana at the Annual Convention of the Southern Trial Lawyers Association (“STLA”). His personal injury topic is “Cameos for Neutralizing the Defense Expert” within the theme of “Tactics, Techniques or Strategies...
On August 2, 2011, Mr. Waterman was invited by the Honorable Stephen C. Moore to join as a Master member of the I’Anson-Hoffman American Inn of Court XXVII. Membership is extended only to a select few within the Hampton Roads legal community. I’Anson-Hoffman is our region’s...
In O’Brien v. Glenn, 80 Va. Cir. 188 (Rockingham Feb. 17, 2010), Rockingham Circuit Court opined on the tort of “negligent entrustment” in a car accident case. Defendant relied on the Virginia Supreme Court’s test in Denby v. Davis, 212 Va. 836, 838 (1972)(emphasis in...
In Lagumen v. Richardson, 80 Va. Cir. 51 (Chesapeake Jan. 21, 2010), Chesapeake Circuit Court adjudicated the degree of certainty or probability required for a medical expert opinion to be admissible. In that medical malpractice case, the treating physician equated the legal touchstone of “reasonable...
In Lents v. Vetter, 80 Va. Cir. 268 (Fairfax Apr. 2, 2010); Fairfax County Circuit Court applied Va. Code Ann. §8.01-20.1 in a medical malpractice action. Section 8.01-20.1 requires plaintiffs to have medical expert certification of a prima facie case before requesting service of process. In...
In Salzman v. Kanchev, 80 Va. Cir. 139 (Chesapeake Feb. 4, 2010), Chesapeake Circuit Court addressed stacking of uninsured and underinsured liability insurance coverage. The declaratory judgment action involved a car crash on Military Highway in Chesapeake, Virginia. “When a disputed policy term is unambiguous, a...
Christine M. Tigges of Hamilton, Virginia, was covered by United States Automobile Association (“USAA”) for $300,000.00 of personal injury damages under an automobile liability insurance policy. She then also apparently was covered by USAA for car accident under an umbrella insurance policy for an additional...
On July 15, 2011, Mr. Waterman settled the car accident claim of a Williamsburg resident. The victim was a guest passenger in Fairfax County, Virginia, when an inattentive offending motorist from Great Falls rear-ended the vehicle from Annandale in which he was riding. The Williamsburg victim...
In Government Employees Insurance Co. v. United Services Automobile Association, No. 100332 (Apr. 21, 2011), the Virginia Supreme Court found no insurance coverage in a declaratory judgment action for a car accident in Hampton, Virginia; based on the offending driver not being a permissive user....
House Bill 1605 passed during the General Assembly’s 2011 Session, and became effective July 1, 2011. It made fraudulent falsification of patient records a class 1 versus a class 3 misdemeanor; but does not alter any commonlaw jurisprudence about fraudulent falsification in civil medical malpractice...
During its 2011 Session, Virginia’s General Assembly passed companion House Bill 1746 and Senate Bill 1145. They extend from 2 to 20 years the limitation period within which an infant or incapacitated victim of sexual abuse can file a civil personal injury lawsuit. This statutory amendment...
In Addison v. Jurgelsky, No. 092361 (Jan. 13, 2011), the Virginia Supreme Court reversed dismissal of a medical malpractice action. It held that a single co-administrator acting alone as Plaintiff could file, but not maintain, suit under Virginia’s Wrongful Death Act, Va. Code Ann. §8.01-50,...
In the medical malpractice lawsuit of Carla J. Jones v. Joelle M. Perez and Chesapeake Hosp. Auth., 81 Va. Cir 52 (Chesapeake Jul. 29, Oct. 26, and Nov. 22, 2010), the judge granted Plaintiff post-filing pre-service discovery pursuant to Va. Sup. Ct. Rule 4:5(a). Plaintiff...
At 9:00 p.m. tonight, June 27, 2011, HBO premiers in Virginia the critically-acclaimed film, “Hot Coffee,” as part of its Summer Documentary Series. It exposes the truth behind the $2,900,000.00 personal injury award against McDonald’s that insurance and defense interests have spin-doctored for years to...
In the medical malpractice miscellaneous proceeding, In re Carla J. Jones, Nos. CM10-911 and CM10-710 of Circuit Court for Chesapeake, Virginia, petitioner sought pre-suit discovery pursuant to Va. Sup. Ct. Rule 4:2(a)(3). The judge granted pre-litigation depositions of the individual healthcare provider who allegedly was...
Mr. Waterman was selected for inclusion on the 2011 list of Virginia Super Lawyers. The selection process includes peer nominations, a “blue ribbon” panel review, and independent research of candidates. Only 5% of Virginia attorneys are named each year. Mr. Waterman also was chosen for 2009...
In Chalifoux v. Radiology Assocs. of Richmond, Inc., No. 100052 (Apr. 21, 2011), the Virginia Supreme Court applied the “continuing treatment rule” in a medical malpractice case. It reversed the trial court finding upon evidentiary plea hearing that Defendant’s serial comparative diagnostic imagings of Plaintiff’s...
In Volpe v. City of Lexington, No. 092583 (Apr. 21, 2011), the Virginia Supreme Court delineated the duty to warn of a governmental entity and its alleged gross, willful and wanton negligence for a case of wrongful death in Rockbridge County, Virginia. It reversed a...
In Farmers Ins. Exch. v. Enterprise Leasing Co., No. 100082 (Apr. 21, 2011), the Virginia Supreme Court held that a self-insured rental car enterprise that paid damages caused by its renter contractually was entitled to indemnification where supplemental liability protection was declined. Id. at 5-12....
Mr. Waterman additionally resolved another companion personal injury claim on June 10, 2011. Yet another guest passenger was an I-664 car accident victim in Newport News, Virginia, because the offending USAA motorist was following too closely. Despite sustaining a 25-35 m.p.h. impact, the car accident victim...
Mr. Waterman also settled the companion personal injury claim against a USAA insured on June 10, 2011. It was a guest passenger injured when rear-ended in an I-664 car accident in Newport News, Virginia. That claimant initially was treated at Mary Immaculate Hospital in Newport News,...
On June 10, 2011, Mr. Waterman settled a driver’s personal injury claim against an insured of United States Automobile Association. It arose out of a car accident on Interstate 664 in Newport News, Virginia. The car accident victim resided in North Carolina. Despite her being out-of-state,...
In CNH America, LLC v. Smith, No. 091991 (Jan. 13, 2011), the Virginia Supreme Court reversed a $1,750,000.00 jury verdict for Plaintiff in a special case of product liability in Smyth County, Virginia. Plaintiff’s expert opinion testimony lacked adequate foundation. Id. at 9-11. CNH America “remanded”...
In Harris v. Commonwealth, 279 Va. 123 (2010), the Virginia Supreme Court addressed Virginia’s Civil Commitment of Sexually Violent Predators Act, Va. Code Ann. §37.2-900, et seq., In a victory for crime victims, it upheld the civil commitment of an incarcerated sex offender to the...
In Simpson v. Virginia Municipal Liability Pool, 279 Va. 694 (2010), the Virginia Supreme Court held that a Nottoway County Sherriff’s Office road Deputy was not covered by any automobile insurance policy where there was no car accident or use when he was injured apprehending...