On March 19, 2019, the Supreme Court for the United States held in maritime tort cases that product manufacturers have a duty to warn when their product require incorporation of a part, that the manufacturers know or have reason to know the integrated product likely...
In March, 2019, Kaiser Health News (“KHN”) and Virginia Mercury (“VM”) reported that Medicare reduced payments to 18 Virginia hospitals as a statutory penalty for them resulting in high numbers of “complications” to their patients, such as injuries and infections. The Virginia hospitals sanctioned include...
By unpublished Order on March 14, 2019, the Virginia Supreme Court reversed Fairfax County Circuit Court’s denial of a trial continuance, as an abuse of discretion and “plainly prejudicial” to the rights of the personal injury victim plaintiff in Seeraj-Montague v. Friendly Ride Access, LLC,...
Trial is the monthly legal journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyer’s Association (ATLA”). Its issue for March 2019 is emblazoned “RUNNING A SMALL [LAW] OFFICE”. March 2019 Trial features 7 vehicle accident cases in its “Verdicts & SETTLEMENTS”. Id. at...
On March 12, 2019, Mr. Waterman settled with USAA Casualty Insurance Company (“USAA”) for $155,000.00 the auto accident claim for personal injuries of a Toano resident victim against a Gloucester resident offending motorist. He filed suit, but ultimately did not have to litigate, against the...
On March 5, 2019, Mr. Waterman settled a Richmond victim’s auto accident claim for personal injuries for the full liability insurance policy coverage limits of the Richmond offending driver, without even filing suit. The 2-car crash occurred on West Broad Street (State Route 250) near...
On February 28, 2019, Riverside Health System provided Mr. Waterman three (3) incident reports – all titled rcare “Original Summary” for Event. Suit for medical malpractice against Riverside is imminent. Mr. Waterman’s law practice focuses on vehicle accidents, medical malpractice, and other cases of wrongful death...
By letter dated February 12, 2019, in response to the medical malpractice Plaintiff’s Subpoena Duces Tecum LeClair Ryan as counsel for third-party Sovah Health Martinsville voluntarily provided to the presiding Judge for in camera review and discretionary production its hospital credentialing materials for one of...
On February 14, 2019, Virginia Court of Appeals Judge Teresa M. Chafin of Lebanon, Virginia, was elected to fill the impending vacancy on the Virginia Supreme Court created by the retirement of by Justice McClanahan, effective September 1, 2019. Judge Chafin’s brother is a member...
By Order entered January 31, 2019, Circuit Court for the City of Richmond, Virginia, granted Plaintiff’s Motion to Compel over objection of Defendant hospital for production of policies and procedures and of training materials. Id. at 1. The medical malpractice case is Battle v. Chippenham...
By Order entered June 7, 2018, United States District Court for the Western District of Virginia in Harrisonburg granted Plaintiff’s motion for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a); held that such dismissal is the “equivalent of a non-suit for purposes of...
During February 8-9, 2019, Mr. Waterman attends the Long Term Care Litigation Retreat of the Virginia Trial Lawyers Association (“VTLA”) for plaintiff medical malpractice lawyers. That continuing legal education covers nursing home practice, intake, arbitration, documentation (including audit trails), falls, pressure ulcers, ethics, and illustrations. Mr....
Trial is the monthly law journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its “Transportation” issue for February, 2019, is titled “DANGER ON THE ROAD”. February 2019 Trial features several lead articles about vehicle collisions: (A) “Same Roads, NEW RULES,”...
On January 31, 2019, the Virginia Supreme Court issued Norfolk So. Ry. Co. v. Sumner, No. 180121, upholding a personal injury victim’s jury verdict under the Federal Employers’ Liability Act (“FELA”). It held that Defendant waived its summary claim that Plaintiff expert’s testimony exceeded his...
In January, 2019, Mr. Waterman was invited for inclusion in the 72nd Edition of Marquis Who’s Who in America. He has been listed in previous editions. Mr. Waterman’s law practice focuses on vehicle accidents, medical malpractice, and other cases of wrongful death and personal injury. Contact...
Mr. Waterman settled for $750,000.00 a medical malpractice case for personal injuries survival damages of an 87 year-old DNR resident due to fall. Mr. Waterman’s law practice focuses on medical malpractice, vehicle accidents, and other cases of wrongful death and personal injury. Contact him with...
By Standing Order entered January 22, 2019, by Chief United States District Judge of the United States District Court for the Eastern District of Virginia, all Court activities are suspended and staff is limited until financial appropriations are made by and for the federal government,...
On December 21, 2018, the United States Court of Appeals for the Sixth Circuit held unconstitutional Tennessee’s $700,000.00 statutory cap on punitive damages, upholding the jury’s punitive damages award of $3,000,000.00. The case is Lindenberg v. Jackson Nat’l Life Ins. Co., No. 17-603416079. Virginia’s $350,000.00...
The Trial Lawyer is the quarterly law journal of The National Trial Lawyers Top 100 Trial Lawyers. Its issue for Winter 2018 features article “The A To Z of Bus Accident Cases”. Id. at 88-91. Responsibility for bus accidents, 4 main causes of bus accidents,...
Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for January, 2019, is emblazoned “PREMISES LIABILITY”. The “Verdicts & SETTLEMENTS” section of January 2019’s Trial marquees two motor vehicle accident cases. First, “Negligent hiring/entrustment” is...
On December 24, 2018, Mr. Waterman was recognized by The National Trial Lawyers as “Top 25 Medical Malpractice Trial Lawyers” in Virginia. He is now a member of The Medical Malpractice Trial Lawyers Association Top 25. Mr. Waterman’s law practice focuses on vehicle accidents, medical malpractice,...
On January 3, 2019, Newport News Circuit Court granted Plaintiff’s Motion to Compel against Defendant GEICO insured in a vehicle accident case, ruling that Plaintiff did not have to wait to depose Defendant until the same day Defendant planned to depose Plaintiff in April, and...
On December 21, 2018, Circuit Court for the City of Winchester, Virginia, ordered the following extensive written discovery against Defendant nursing home in the medical malpractice case for wrongful death of Bunting v. Pinnacle Services Winchester, Inc., No. CL18-62: A. Incident report, id. at 1; B. Nurses...
2017 Virginia Traffic Crash Facts of Virginia Highway Safety Office show 127,375 vehicle crashes, 843 vehicle fatalities, and 65,306 vehicle injuries. Significantly, about 30% of vehicle accident fatalities are alcohol-related, about 40% of vehicle accident fatalities are speed-related, and about 35% of vehicle accident fatalities...
On December 20, 2018, the Virginia Supreme Court issued Shumate v. Mitchell, No. 180012. It upheld as admissible under Va. Code §8.01-397 – Virginia’s Dead Man’s Statute – deceased Defendant driver’s uncorroborated post-collision hearsay statements to his son away from the vehicle accident scene. Shumate...
On June 27, 2018, Circuit Court for Nelson County, Virginia issued its 16-page letter opinion in the nursing facility case of Stevens v. Medical Facilities of America XXXII (32) Limited Partnership, No. CL17000208-00, denying arbitration and venue change requested by the medical malpractice Defendant. Stevens...
On December 11, 2018, Circuit Court for Loudoun County, Virginia, granted Plaintiff medical malpractice victim’s motion to compel Defendants’ 6-year pre-incident online and reading histories in Trigg v. Loudoun OB/GYN, LLC, et al., No. CL00108164-00. Specifically, over defense Objections the Judge found relevant and ordered...
On December 13, 2018, Avery T. ‘Sandy” Waterman, Jr. received America’s Top 100 Attorneys “Lifetime Achievement Award” for Virginia. He also was honored as an America’s Top 100 High Stakes Litigator in Virginia. His litigation practice focuses on vehicle accidents, medical malpractice, and other cases...
Trial is the monthly law journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue cover for December, 2018, is emblazoned “PRODUCTS LIABILITY”. This Trial’s “Spotlight” section is “Lack of Truck Driver Safety Program Leads to Deaths”. It details a...
Pre-trial, nursing facility defense counsel are wont to saber-rattle about the deceased resident patient being Do-Not-Resuscitate (“DNR”). This month, however, in the wrongful death medical malpractice case of Swift v. Regency Healthcare, Circuit Court for York County, Virginia, ruled such DNR status irrelevant and inadmissible,...