Kimble v. Carey, 279 Va. 652 (2010) applied the “rescue doctrine” a/k/a the “humanitarian doctrine” in the context of a car accident in Interstate 64 in Henrico County, Virginia. The Virginia Supreme Court opined on the particular case facts that pre-rescue misconduct of the helpless...
In Rascher v. Friend, 279 Va. 370, 373 (2010), the Virginia Supreme Court reversed the trial judge striking the evidence of a bicyclist in Prince William County, Virginia, who suffered personal injury in a car accident. It held that the jury could have found Plaintiff...
Hawthorne v. VanMarter, 279 Va. 566, 571 (2010) involved a vehicle accident in which a Roanoke County Policy Department Officer allegedly caused wrongful death and personal injuries to other motorists. The Virginia Supreme Court upheld grant of sovereign immunity for ordinary negligence based on Defendant’s...
On May 18, 2011, United States Court of Appeal for the Fourth Circuit by Order and Judgment of 3-justice panel summarily dismissed without opinion the appeal that had been prosecuted against Mr. Waterman’s client. The special case is United States of America, ex rel., Joseph...
On May 16, 2011, Mr. Waterman filed Brief in Opposition to Petition and in Support of Assignments of Cross-Error of Appellee/Cross-Appellant, Mr. Gagnon, in Travis Burns v. Gregory Joseph Gagnon, et al, No. 110754 in the Virginia Supreme Court. The appeal is of his $6,100,000.00...
The recent letter opinion in Hairston v. Eliacin of Honorable David A. Melesco, Judge for Circuit Court of Danville, Franklin County and Pittsylvania County, Virginia, reaffirms the continuing vitality of Mr. Waterman’s landmark medical malpractice case, Riverside Hosp., Inv. v. Johnson, 272 Va. 518 (2006),...
Medical malpractice defense counsel have sought to rely on Muhammad v. Commonwealth, 269 Va. 451, 518-519 (2005), the so-called “Capital beltway sniper” case, as authority for introducing self-serving videotape or computer “simulations” created for their own civil cases. But Muhammad obviously is a singular criminal...
On April 27, 2011, Mr. Waterman was invited to speak for the Seminar Program at the Annual Convention of the Southern Trial Lawyers Association (“STLA”) in New Orleans, Louisiana, during the week of Mardi Gras 2012. His topic will be “Tactics, Techniques or Strategies I...
On April 25, 2011, Mr. Waterman filed a Petition for Appeal with the Virginia Supreme Court. It arises out of the brain injury case in Circuit Court for Gloucester County, Virginia, Gregory Joseph Gagnon v. Travis Burns, et al., CL08-572. In Gagnon, the jury awarded the...
Mr. Waterman settled a medical malpractice matter for $1,000,000.00. Additional case details are confidential....
The 2009 landmark Virginia Supreme Court decision of Wynn v. Commonwealth, 277 Va. 92 (2009), severely limited the testimony of expert witnesses who rely on hearsay, particularly facts and opinions from other non-testifying experts. §8.01-401.1 does not allow “the introduction of otherwise inadmissible hearsay evidence...
In 2007, the Virginia Supreme Court pronounced that application of its Rule 4:1(b)(4)(A)(i) “begins with determining whether the opinion at issue was disclosed in any form.” John Crane, Inc. v. Jones, 274 Va. 581, 591 (2007). “Furthermore, a party is not relieved from its...
Va. Code Ann. §8.01-379.1 guarantees Plaintiff the right to plead and argue his pleaded ad damnum to the jury. The weight of Circuit Court jurisprudence, especially more recent cases, support Plaintiff not having to reduce his ad damnum in a medical malpractice case. See, e.g.,...
The Virginia Supreme Court construes Va. Code Ann. §8.01-401.1 strictly, as it is a statute in derogation of the common law against admission of hearsay: In enacting the 1994 amendments to Code §8.01-401.1, the General Assembly was clearly aware of those dangers and sought to avoid...
As recent Virginia Supreme Court case pronounced “a medical doctor is qualified to give expert testimony about the cause of human physical injury.” Hollingsworth v. Norfolk So. Ry. Co., 279 Va. 360, 364 (2010)(emphasis added). “Code §8.01-581.20 addresses only the qualifications of experts to testify...
A Plaintiff once provided Defendants the precise “statements” and citations of his reliable authority more than 30 days before trial in a medical malpractice case. Also, more than 30 days before trial, he gratuitously provided them the full pages of the textbooks and articles in...
In the medical malpractice case of Johnson v. Riverside Hosp., Inc., No. CL00-29638-DP c/w CL01-30571-DP (Newport News Mar. 7, 2005)(Pugh, J.), defense counsel unsuccessfully objected to Mr. Waterman subpoenaing the corporate Defendant as a trial witness to testify through its most knowledgeable representatives designated by...
Court hearing in the medical malpractice lawsuit of Marshall v. Moniz, No. CL08-2018 in Circuit Court for York County and Town of Poquoson, Virginia, showed there is no dispute that: (1) Defendants never charged Plaintiff anything for the 10/5/06 repair surgery, despite charging him for...
On March 24, 2011, various pre-trial motions again were heard in Circuit Court for York County and the Town of Poquoson, Virginia, in the medical malpractice suit of Marshall v. Moniz, No. CL08-2018. The case goes to jury trial at the Yorktown Courthouse during March...
On March 25, 2011, additional pre-trial motions were heard in the medical malpractice lawsuit of Marshall v. Moniz, No. CL08-2018 in Circuit Court for York County and the Town of Poquoson, Virginia. Among other things, the Court denied Defendants’ Motion regarding Blog of Plaintiff’s Counsel...
On March 16, 2011, additional pre-trial motions were heard in Marshall v. Moniz, No. CL08-2018 in Circuit Court for York County, Virginia, which is scheduled for jury trial in Yorktown beginning March 28, 2011. Marshall is a medical malpractice lawsuit seeking $12,000,000.00 for a victim...
Mr. Waterman proudly congratulates his partner, Robert R. “Bobby” Hatten, Esq., on his firm record-setting jury verdict of $25,000,000.00 for an asbestos victim today in Circuit Court for the City of Newport News, Virginia! Increasingly, Peninsula jurors have become savvy to disingenuous attempted defenses to...
On March 15, 2011, Mr. Waterman was recognized for membership in the prestigious Multi-Million Dollar Advocates Forum. This follows a Gloucester jury verdict for $3,250,000.00 for assault and battery, which was coupled with companion jury verdicts of $1,250,000.00 and $500,000.00 plus pre-judgment interest of approximately...
In the medical malpractice lawsuit of Marshall v. Moniz, No. CLO8-2018 in Circuit Court for York County and the Town of Poquoson, Virginia, seeking $12,000,000.00 in alleged damages, Defendants have hired a Massachusetts doctor, David W. Rattner, to testify about the “standard of care” here...
On March 1, 2011, United States District Court for the Eastern District of Virginia entered Judgment in favor of Mr. Waterman’s client. The special case is United States of America, ex rel., Joseph M. Russell v. Michael J. Gennari, Evonne Fei, and Nancy Lynne Russell,...
On February 28, 2011, pre-trial Motions were heard in the medical malpractice lawsuit of Marshall v. Moniz, No. CL08-2018 in Circuit Court for the County of York and Town of Poquoson, Virginia. The patient claims $12,000,000.00 in damages arising from a supposedly routine out-patient incisional...
On February 23, 2011, Mr. Waterman settled a Virginia six-figure vehicle accident claim. The victim should receive net proceeds in March....
In February, 2011, Mr. Waterman appeared in Lancaster, Virginia, to protect the interests of a minor who was victim of sexual abuse. The Court details of this special case are confidential....
On February 14, 2011, St. Valentine’s Day, Mr. Waterman prevailed in substantial part against Sentara Hospitals and Defendants at medical malpractice “privilege” hearing pursuant to Va. Code Ann. § 8.01-581.17. The case is Marshall v. Moniz, No.CL08-2018 in Circuit Court for the County of York...
On February 2, 2011, discovery and other pre-trial matters were heard at the Yorktown Courthouse in the medical malpractice case of Marshall v. Moniz, No. CL08-2018 in Circuit Court for York County and Poquoson, Virginia. That suit seeks more than $12,000,000.00. The Court granted Defendants’ Motion...