Williamsburg and Newport News personal injury lawyer, Avery T. “Sandy” Waterman, Jr., Esq., just settled a motor vehicle accident case involving a $100,000.00 liability insurance policy. The two car accident occurred in Hampton, Virginia, where a lawsuit currently is pending against the offending driver....
On October 14, 2009, Newport News Circuit Court denied defendants’ Motion for Reconsideration in this medical malpractice case. In Andleton v. Connolly, No. 31197, the Judge construed Va. Code Ann. §8.01-335(B) on a matter of first impression....
On October 13, 2009, Gloucester Circuit Court ruled Plaintiffs were entitled to have their expert review first-hand the Defendant’s disputed computer documents and history of creation, modification, etc. The case is Gagnon v. Burns, involving a brain injury victim. The Court also imposed deadlines in this brain injury case for document...
On September, 30, 2009, Avery T. “Sandy” Waterman, Jr., Esq. obtained an Amended Judgment for $500,000.00 in a §1983 civil rights suit for wrongful death. It was entered pursuant to Fed. R. Civ. P. 52(b) in Webb v. Stevens, no. 5:05-CV-33-BO(1) of the United States District for the Eastern District of...
By letter dated October 9, 2009, Rev. Ricky E. Carr sought Hampton Circuit Court to reconsider the contempt finding and sanctions against him. The Chief Judge ruled against Rev. Carr on October 8, 2009, in the special case of Carr v. Carr, No. 05-378. Rev. Carr has not accepted...
On October 8, 2009, Hampton Circuit Court found Rev. Ricky E. Carr in contempt of court for chronic failure to pay court-ordered spousal support and attorney’s fees. The special case is Carr v. Carr, No. 05-378. Rev. Carr was granted leave to purge himself of his contempt by being...
On September, 23, 2009, Avery T. “Sandy” Waterman, Jr., Esq. again prevailed on a Motion to Compel in Circuit Court for York County in Routson v. Routson, No. CL09-002283-0. In that special case, the Court ruled St. Luke’s United Methodist Church was required to produce all attendance...
On September 22, 2009, Avery T. "Sandy" Waterman, Jr., Esq. again prevailed before the Virginia Court of Appeals, as it denied the Petition for Rehearing En Banc of Reverend Carr. That renders the decisions adverse to him in this special case of the appellate court and the trial court...
On September 16, 2009, Newport News Circuit Court denied a Motion to Dismiss in a medical malpractice case of first impression, Andleton v. Connolly, No. 31197. It construed Va. Code Ann. §8.01-335(B). Section 8.01-335(B) permits reinstatement of a plaintiff’s case within one year of its dismissal under that statute for three-plus...
On September 3, 2009, Avery T. “Sandy” Waterman, Jr., Esq., prevailed on pending Motions in Circuit Court for York County. The lead special case is Gary W. Routson v. Helen E. Routson, No. CL09-002283-00, and its companion case is Helen E. Routson v. Gary W. Routson, No. CL09-002620-00. The Court...
On August 28, 2009, Reverend Carr as pro se Appellant petitioned the Virginia Court of Appeals for hearing en banc. He seeks reversal of the appellate court’s per curiam affirmance of the ruling of the Hampton Circuit Court against him in this special cases. Petitioner to hear en banc are granted sparingly. His Petition...
On August 18, 2009, the Virginia Court of Appeals of Virginia affirmed a special case taken by Avery T. “Sandy” Waterman, Jr., Esq. The opinion is Carr v. Carr, No. 0096-09-1, arising out of Hampton Circuit Court. In Carr, an adulterous pastor unsuccessfully sought modification of the spousal support and attorney...
In medical malpractice suits alleging wrongful death and brain injury, Circuit Court for the City of Newport News, Virginia, has granted plaintiffs leave to amend their Complaints, including after the statute of limitation has run. The cases are Licare v. Riverside Health System, No. 0702452T-01, and Morel v. Mary Immaculate...
On June 9, 2009, Gloucester Circuit Court ordered over Objection discovery of various person financial records. The Order was entered on June 22, 2009, in a breach of contract case, Altizer....
On May 8, 2009, Gloucester Circuit Court granted the Motion for Reconsideration of a brain injury plaintiff. The Court Order entered on May 28, 2009, required Gloucester High School to produce the office computer of the defendant Assistant Principal. Previously the plaintiff brain injury victim had been denied discovery of...
On May 28, 2009, Gloucester Circuit Court granted over Objection the Plaintiff’s Motion to amend their complaint and to depose the primary Defendant for additional time. The case, Gagnon v. Burns, involves brain injury to a student attacked at Gloucester High School....
Virginia has codified driver liability for personal injury and/or wrongful death of a guest passenger. “Any person transported by the owner or operator of a motor vehicle as a guest without payment for such transportation and any personal representatives of any such guest so transported shall be...
In Virginia, a driver in a vehicle accident causing only damage to unattended property must stop at the scene, make a reasonable effort to find the property owner or custodian, and report his identification. Va. Code Ann. §46.2-896. If the owner or custodian is not found, the driver...
In Virginia, a passenger in a vehicle accident is responsible for reporting if the driver fails to stop and report the resulting death, personal injury or property damage. Va. Code Ann. §46:2-895. The duty applies to a passenger 16 years of age or older who has knowledge of...
In Virginia, a driver involved in any vehicle accident “in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic”. Va. Code...
Va. Code Ann. §46.2-371 mandates: “The driver of any vehicle involved in an accident resulting in injury to or death of any person, or some person acting for him, shall immediately give notice of the accident to a law-enforcement officer. A willful failure to make the...
Va. Code Ann. §46.2-376 provides, “The person in charge of any garage or repair shop to which is brought a motor vehicle (i) that shows evidence of having been involved in a serious motor auto accident or (ii) with evidence of bloodstains shall report to the nearest police...
In vehicle accident cases, Virginia permits proof of vehicle property damages by affidavit. That is an exception to the general hearsay rule against affidavits. “[E]vidence to [recover motor vehicle] damages may be presented by an itemized estimate or appraisal sworn to by a person who also makes oath...
On April 18, 2008, the Virginia Supreme Court addressed the admissibility of “reliable authority” under Va. Code Ann. §8.01-401.1. The medical malpractice case is Bostic v. About Women OB/GYN, P.C., 275 Va. 567 (2008). In Bostic, defense counsel read article quotes and questioned his client about the same while on the...
On June 6, 2008, the Virginia Supreme Court addressed the superseding intervening cause instruction. The medical malpractice case of wrongful death is Williams v. Le, 276 Va. 161 (2008). In Williams, the defendant radiologist failed to communicate directly to the treating physician a positive Dopplar ultrasound, and the patient later...
On June 6, 2008, the Virginia Supreme Court upheld a medical malpractice verdict for roughly $100,000.00 unsupported by a medical expert. The case is Webb v. Smith, 276 Va. 305 (2008). The Virginia Supreme Court in Webb reiterated that “in medical malpractice cases, ‘expert testimony is ordinarily necessary to establish the appropriate standard...
On October 31, 2008, the Virginia Supreme Court decided issues of physician-patient relationship and damages proximate causation. The “wrongful birth” medical malpractice case is Fruiterman v. Granata, 276 Va. 629 (2008). In Fruiterman, the plaintiff mother claimed medical malpractice for her Ob/Gyn failing to inform her about first trimester testing for genetic...
On January 16, 2009, the Virginia Supreme Court handed down an opinion on qualification of out-of-state experts pursuant to Va. Code Ann. §8.01-581.20. The medical malpractice case of wrongful death is Jackson v. Qureshi, 277 Va. 114 (2009). Jackson addressed the statutory presumption, “knowledge” requirement, and “active clinical practice” requirement for medical...
On January 16, 2009, the Virginia Supreme Court resolved a wrongful death action and a survival action for personal injuries. The medical malpractice case is Centra Health, Inc. v. Mullins, 277 Va. 59 (2009). Centra Health upheld an estate representative maintaining concurrent damage causes of action for wrongful death and...
On April 18, 2008, the Virginia Supreme Court opined on the propriety of a roughly $1,000,000.00 damages award to a surviving spouse arising out of a car accident.The wrongful death case is Wright v. Minnicks, 275 Va. 579 (2008). In Wright, the surviving spouse was awarded damages for the...