Virginia Lawyers Weekly articles from June 2004

Virginia Lawyers Weekly archives from June 2004

Rockingham County Circuit Court Says Sale by Wrong Trustee Is Voidable, But Is Not Void.
June 7, 2004... Byline: Dara McLeod A foreclosure sale conducted by a lawyer who believed he had been appointed substitute trustee in a recorded instrument, but had not been due to an error, is voidable--but not void, according to an advisory opinion by...

Va. Court of Appeals Rules Firing For Faked Robbery Doesn't Bar Comp Award.
June 7, 2004... Byline: Deborah Elkins Although a bakery fired a route driver who faked a robbery and planned to kill his supervisor, the driver's misconduct cannot be used to cut off his workers' comp benefits, the Virginia Court of Appeals has ruled....

Mother, Boy Get Around Fairfax County School Board's Immunity.
June 7, 2004... Byline: Matthew Philips A woman and her 14-year-old son who were rear-ended by a Fairfax County school bus have recovered $171,000 for the accident despite a $50,000 limitation on liability for the school board. The source of the...

Virginia Bankruptcy Court Case Summaries: June 7, 2004.
June 7, 2004... Byline: Virginia Lawyers Weekly Staff Bankruptcy Amended Schedules - Exemptions - Bad Faith - Ch. 7 Where a chapter 7 debtor delayed 10 months before filing amendments to his bankruptcy exemptions, until the eve of a trial to deny...

Virginia Court of Appeals Case Summaries: June 7, 2004.
June 7, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Pleading - Pro Se Plaintiff A plaintiff who has received legal advice and assistance is not entitled to deference as a pro se plaintiff in his suit for injuries suffered in a...

Verdicts & Settlements June 7, 2004: Virginia jury awards $171K in school bus accident case.
June 7, 2004... Byline: Virginia Lawyers Weekly Staff This case arises out of a school bus collision that occurred at 7:30 a.m. when a stopped SUV was rear-ended by a Fairfax County School Board school bus driven by a bus driver acting in the course of his...

Virginia Court of Appeals Case Summaries: June 7, 2004.
June 7, 2004... Byline: Virginia Lawyers Weekly Staff Attorneys Sanctions Under Rule 11 - Safe Harbor - Plain Error On rehearing en banc, where defendant's motion for sanctions under Rule 11 was made after the case had terminated, service of the...

Virginia Court of Appeals Case Summaries: June 7, 2004.
June 7, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Evidence - Improper Impeachment - Alibi Witness Although the appellate court rejects defendant's claim that the trial court erred in allowing improper impeachment evidence of...

Virginia Court of Appeals Case Summaries: June 14, 2004.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Robbery - Larceny From Person - Double Jeopardy On rehearing en banc of this case in which defendant pushed an 11-year-old boy off his bicycle and took the bicycle from him, the Court...

Virginia Circuit Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Waste Management Act - Association Standing Although the James River Association lacks standing to pursue in a representative capacity an appeal of a Waste Management Board...

Verdicts & Settlements June 14, 2004: Defense verdict awarded in med-mal suit.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff contended that the defendant family doctor incorrectly diagnosed her mother and presumed she had the flu. The defendant failed to test the patient for pneumonia, which included conducting a...

Verdicts & Settlements June 14, 2004: Va. employee awarded $72K for breach of employment contract.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff Joseph Liggan was a plumbing inspector hired by the City of Richmond in 1974. His job was funded jointly by the city and the commonwealth, and his retirement benefits were vested with the...

Verdicts & Settlements June 14, 2004: Missed statute results in $50K legal-mal award.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff The defendant failed to file a claim within a two-year statute of limitations after an automobile accident. The defense was that the underlying auto accident was not winnable so that even though the...

Verdicts & Settlements June 14, 2004: Pittsylvania jury awards $50K to auto accident plaintiff.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff The accident occurred at an intersection on Feb. 21, 2002. At the jury trial in circuit court, the plaintiff asked for and was awarded $50,000, plus interest from the date of the accident. Type of...

Verdicts & Settlements June 14, 2004: Virginia equitable subrogation case settles for $500K.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff The party who paid underlying liability judgment asserted equitable subrogation claim against alleged tortfeasor claiming entitlement to judgment amount. The defendant in underlying action also asserted...

Verdicts & Settlements June 14, 2004: Arbitration nets defense verdict, plus counterclaim award.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff VMS built over 700 ft of bulkheading at the subject marina in 1996. Soon after construction, a significant rain storm caused bulging and movement of the bulkhead in several locations. VMS performed...

Va. Supreme Court Rejects UPL Rule Affecting Court Clerks.
June 14, 2004... Byline: Brent Baldwin The Supreme Court of Virginia has rejected a proposed Unauthorized Practice of Law rule that would have allowed court clerks to assist a pro se litigant in filling out forms but not in selecting which forms to use....

Virginia Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Products Liability Auto Accident - Sudden Acceleration - Expert Evidence In plaintiff's products liability suit alleging defective design of her 1991 Lincoln Town Car, which allegedly suddenly...

Verdicts & Settlements June 14, 2004: Suit over stillborn child results in $375K settlement.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff In May 2001, the plaintiff presented to the hospital 12 hours before her planned induction of labor, due to decreased fetal movement. She came under the care of the defendant, the on-duty OB/GYN...

Verdicts & Settlements June 14, 2004: Virginia slip and fall suit settles for $145K.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff In 2000, the plaintiff, age 64, slipped and fell in a pool of water while visiting her son who was a patient in the ER at Roanoke Memorial Hospital. The water had been left on the floor by a doctor who...

Verdicts & Settlements June 14, 2004: Multiple carriers reach $780K wrongful death settlement.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff's decedent was a passenger in his own farm truck being driven by a friend when defendant's vehicle unexpectedly ran a stop sign, causing the decedent's vehicle to hit it at 55 mph. The...

Verdicts & Settlements June 14, 2004: Virginia auto accident suit mediated for $375K.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff In May 2000, the plaintiff, Karen S. Poston, was driving through the parking area of the Sunshine Truck Stop in Rockbridge County when a large service truck owned by Sunshine Tire Co. came between two...

Verdicts & Settlements June 14, 2004: Va. jury awards $37,149 to plaintiff attacked by pitbull.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff alleged he was attacked by the defendant homeowners' pit bull dog as he went into the defendants' garage to retrieve the paint and tools he was using in working on their home in Virginia...

Verdicts & Settlements June 14, 2004: Virginia med-mal suit settles for $200K.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was a 33-year-old female and a long-standing patient of the defendant's OB/GYN practice. In late 2000, she decided to undergo a tubal ligation and the procedure was performed by the defendant...

Harrisonburg Federal Judge Rules Plaintiff Can Seek Punitives From Wrong-Way Driver.
June 14, 2004... Byline: Dara McLeod An auto-accident plaintiff can seek punitive damages from a drunken driver who drove the wrong way down a divided four-lane highway, and the jury can infer that the defendant's blood alcohol content was higher at the...

Va. Supreme Court Rules Lawyer Who Sent Pleading Not 'Counsel Of Record'.
June 14, 2004... Byline: Dara McLeod An attorney who delivered a pleading signed by a pro se plaintiff was not "counsel of record" in the case, the Supreme Court of Virginia ruled last week, reversing the decision of a Norfolk circuit court. The...

Va. Governor Fills Judgeships In Alexandria, Hampton.
June 14, 2004... Byline: Matthew Philips Gov. Mark R. Warner has appointed Alexandria lawyer Lisa B. Kemler to a judicial vacancy in the 18th Circuit, and Hampton Circuit Judge William C. Andrews III will again fill the 8th Circuit judgeship he has held...

Verdicts & Settlements June 14, 2004: Virginia med-mal claim settles for $450K.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff During the course of lumbar spine surgery performed upon the plaintiff by the defendant orthopedic surgeon, the plaintiff experienced numerous complications that allegedly were responsible for her need...

Verdicts & Settlements June 14, 2004: Va. judge awards plaintiff $1M for auto accident.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff was stopped at a red light when the defendant collided into him. The defendant had been out drinking, was speeding, was attempting to make a cell phone call, never saw the plaintiff...

Verdicts & Settlements June 14, 2004: Va. jury awards $454,531 for sale of older car.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff On March 3, 2001, plaintiffs went to Nations Auto Loan Center to purchase a vehicle. They were looking for a 1995 or 1996 vehicle and were shown a vehicle which the sales person represented as a 1995...

Verdicts & Settlements June 14, 2004: Va. jury awards defense verdict in construction defect suit.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Defendant Westinghouse Electric Corporation (now Siemens) contracted with plaintiff Carter Wallace (now Armkel LLC) in 1998 to add a new electrical service to its condom-manufacturing facility in...

Virginia Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Commercial Jurisdiction - Promissory Note - Foreign Sovereign Although plaintiff seeks to compel payment of a promissory note issued by former staff members of the National Defense Security...

Virginia Court Case Summaries: June 14, 2004.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff Commercial Satellite TV Piracy - Damages Although plaintiff satellite tv company alleges defendant's name appears in purchase and/or shipping records for a "combination package" of programmer...

Verdicts & Settlements June 14, 2004: Premises liability suit results in $75K settlement.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff was taking the recycling to the curb from her rental apartment when she slipped and fell on black ice. The gutters of the building allowed melted snow and ice to drain onto a sloping black...

Verdicts & Settlements June 14, 2004: State Farm liable for lost house.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff The defendant was assisting State Farm's insured in putting on a torch membrane roof. One hour after the work was completed, the house caught on fire and was destroyed. The two experts for the plaintiff...

Verdicts & Settlements June 14, 2004: Virginia auto accident suit settles for $621K.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff was operating a 1988 Ford pickup truck for his employer when it was struck head on by a 1996 Ford vehicle driven by the defendant on Oct. 19, 2000. The accident occurred on Hull Street in...

Verdicts & Settlements June 14, 2004: Virginia jury awards $900K in negligence suit.
June 14, 2004... Byline: Virginia Lawyers Weekly Staff This case arises from a pedestrian/auto accident, which occurred on March 28, 2001. Liability was admitted by the defendant. The plaintiff was struck in a Wal Mart parking lot by the defendant's pick up...

Virginia Court of Appeals Case Summaries: June 21, 2004.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Administrative Assisted Living Facility - Number Of Residents - Contempt The operator of an assisted living facility who failed to comply with an order to reduce the number of residents for...

Virginia Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Medical Malpractice Discovery Sanctions - Deposition Questions Where the lawyer for defendant doctor objected to questions posed by a med-mal plaintiff during deposition, the lawyer should not...

Virginia Supreme Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Attorneys - Pro Se Signature - Pleading Where an attorney delivered to the court, with his cover letter, a motion for judgment drafted by another attorney along with a check for...

Verdicts & Settlements June 21, 2004: Criminal charge results in mistrial in Virginia court.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff A Prince William County high school special education teacher was charged with sexually assaulting a 19 year-old special education student with Down's Syndrome. There was no physical evidence and no eye...

Virginia Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Witness Tampering - Accessory After Fact - Sentencing - Drug Quantity Where defendant was convicted of using physical force to intimidate his nephew's girlfriend and dissuade her from...

Virginia Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Commercial Satellite TV System - Illegal Intercept Devices - Civil Damages A satellite tv system that sued four defendants for illegal distribution of electronic theft devices wins an...

Verdicts & Settlements June 21, 2004: Virginia nursing home death settles for $500K.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff The plaintiff's decedent, age 87, had lived in a Northern Virginia nursing home since age 85. She suffered from increasing dementia and needed constant oxygen feed. She was identified as a high risk...

Verdicts & Settlements June 21, 2004: Virginia jury rules for defense in slip and fall case.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Roy Edward Greear died of natural causes before the trial. On Nov. 16, 1998, Greear entered the defendant's grocery store in Weber City to get milk and cat food. As he turned the corner of an aisle,...

Bar Leaders In Va. Launch Pitch On Behalf Of Legal Aid.
June 21, 2004... Byline: Brent Baldwin The leaders of all 12 of Virginia's statewide bar groups last week sent a letter to all lawyers in the commonwealth in a request for donations for help in relieving the current funding crisis for legal aid in...

Va. Supreme Court Rules Indigent Failed to Show 'Need' for DNA Expert.
June 21, 2004... Byline: Matthew Philips The Court of Appeals erred when it overturned a trial judge's denial of public funds to an indigent defendant for a DNA expert, the Supreme Court of Virginia has ruled. The high court found that the defendant...

Va. Supreme Court Rules Claims Should Have Reached Jury in Road Rage Case.
June 21, 2004... Byline: Dara McLeod A Fairfax circuit judge should have let the jury hear a plaintiff's evidence on assault and willful and wanton conduct claims in a road rage case against a John Doe defendant, the Supreme Court of Virginia has ruled....

Va. Supreme Court Rules Out-of-State Doctor Should Have Qualified.
June 21, 2004... Byline: Dara McLeod A Richmond circuit judge's refusal to qualify an out-of-state doctor as an expert witness in a medical malpractice case was a clear abuse of discretion, the Supreme Court of Virginia has ruled. During a jury trial...

Virginia Lawyers In The News: June 21, 2004.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Melvin E. Williams has joined the Roanoke firm of Johnson, Ayers & Matthews as an associate. Williams earned his B.S. degree from Bridgewater College and his J.D. from the Marshall-Wythe School of Law...

Richmond auctioneer and appraiser Owen F. Valentine dies at 56.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Well-known auctioneer and appraiser Owen F. Valentine died in Richmond on June 12. He was 56. Mr. Valentine owned his own auction and appraisal business in Richmond; he learned his trade from his...

Virginia Court Case Summaries: June 21, 2004.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Bankruptcy Preference Avoidance - Insider Payment - Corporate Officer Although appellant had the title of "executive vice president" during a time period examined by the bankruptcy court for...

Verdicts & Settlements June 21, 2004: Car crash results in $4,500 verdict against ambulance company.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff The defendant driver failed to stop his ambulance at a stop sign. The ambulance went onto Route 23, blocking the southbound lane of traffic. Plaintiff's vehicle struck the ambulance. There was no issue...

Verdicts & Settlements June 21, 2004: Auto accident case settles for $85K.
June 21, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was a 54 year-old driver of a van heading north on Route 13 on the Eastern Shore near Accomack from Florida to Maryland with her husband on July 26, 2001. A Canadian trailer slammed into the...

Bobzien Is New Virginia State Bar President.
June 28, 2004... Byline: Brent Baldwin Fairfax County Attorney David P. Bobzien became the 66th president of the Virginia State Bar on June 18 at the VSB Annual Meeting. And of the many men and two women who have held the job of VSB president, he will...

Norfolk Lawyer Kelley Is Confirmed For Va.'s Eastern District Seat.
June 28, 2004... Byline: Paul Fletcher The U.S. Senate voted last Wednesday 94-0 to confirm the nomination of Norfolk lawyer Walter D. Kelley Jr. to a federal judgeship in Virginia's Eastern District. President Bush nominated Kelley for the judgeship...

Karen Gould Announces Candidacy For Va. State Bar Post.
June 28, 2004... Byline: Dara McLeod and Paul Fletcher Karen A. Gould has announced she will be a candidate for Virginia State Bar President-Elect next year. She began circulating a petition in support of her candidacy at the VSB Annual Meeting in...

Va. Attorney Gains Lifetime Award In Family Law.
June 28, 2004... Byline: Brent Baldwin Just weeks ago, Glenn C. Lewis stood before a crowded room of peers, clients, and family at his daughter's Bat Mitzvah and realized how happy he was. "You have to love what you do to be good at it, and that's...

Leesburg's Sevila Receives 2004 Tradition of Excellence Award.
June 28, 2004... Byline: Brent Baldwin Former Leesburg mayor and longtime community contributor Robert E. Sevila was presented with the 18th Annual Tradition of Excellence Award June 19 at the VSB Annual Meeting. "I was both surprised and honored...

4th U.S. Circuit Court of Appeals Rules Treatment Of Patient Was Not 'Continuing'.
June 28, 2004... Byline: Dara McLeod A woman who alleged emergency room doctors were negligent in misdiagnosing a perforated colon during separate encounters over a nine-day period missed the statute of limitations and her malpractice claim was barred, the...

Virginia Court Case Summaries: June 28, 2004.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff Civil Practice Removal Jurisdiction - Remand - Defamation Where a pro se plaintiff mentions the Fair Debt Collection Practices Act only in reference to her defamation action alleging...

Verdicts & Settlements June 28, 2004: Virginia jury returns $3M med-mal verdict.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff A mother presented to obstetrics group with a history of slight shoulder dystocia in her first delivery. That baby weighed more than eight pounds at preterm (34 weeks) delivery. During this pregnancy...

Lawyer's Advocacy Work In Va. Inspires TV Drama, Others.
June 28, 2004... Byline: Dara McLeod Scott Hollander left behind his private law practice to pursue his dream of a career in child advocacy, and in the process became the inspiration behind the CBS television series "The Guardian." But beyond a shared...

'Future Of Marriage' Explored by Va. Women Attorneys Assn. Panel.
June 28, 2004... Byline: Deborah Elkins Marriage is an immutable institution, unchanged and unchanging throughout the course of human history. Marriage is an institution that clearly has evolved over time, and can continue to be reshaped to better...

Winchester Attorney Is 2004 Legal Aid Lawyer Of The Year.
June 28, 2004... Byline: Matthew Philips Nancy Glickman is a legal aid lawyer, always has been, "always will be," she said. As the 2004 Legal Aid Lawyer of the Year, Glickman is recognized for a career in legal aid that extends across several state...

Roanoke Attorney Named Young Lawyer Of The Year.
June 28, 2004... Byline: Matthew Philips As a first-year lawyer at the Roanoke firm of Gentry Locke Rakes & Moore, Brett Marston was inspired by the degree of community activism within the firm. The roster of attorneys included the current president of the...

Virginia Court Case Summaries: June 28, 2004.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff Commercial Satellite TV Piracy - Damages A subscription satellite tv company that alleges defendant illegally intercepted the company's signal can sue for damages, based on defendant's name...

Virginia Court of Appeals Case Summaries: June 28, 2004.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff Criminal Abduction - Felony Murder - Accomplice A defendant's conviction of abduction and felony murder for his role in the fatal shooting a robbery victim lured to the home of the victim's...

Virginia Circuit Court Case Summaries: June 28, 2004.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff Administrative FOIA - Judicial Ethics Inquiry A judge's request of counsel for the Judicial Inquiry and Review Commission for an opinion regarding future conduct is not a "proceeding," and any...

Verdicts & Settlements June 28, 2004: Virginia jury rules for defense in wrongful death suit.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff The defendant psychiatrist had treated the decedent for approximately a year for mental health issues. During the course of treatment, the decedent began to seek treatment for chronic pain. The...

Verdicts & Settlements June 28, 2004: Virginia jury awards $1.1M for head-on collision.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff Plaintiff was struck head-on by a visiting doctor from Australia. The accident occurred in Albemarle County, but the case was tried in the City of Richmond due to service on the Secretary of the...

Sniper Trial Jurors In Chesapeake Give View From Inside.
June 28, 2004... Byline: Brent Baldwin The Chesapeake jurors sitting in judgment of juvenile sniper defendant Lee Boyd Malvo last December were badly split into two factions, according to two jurors who sat on the case. Both groups felt Malvo was...

Lawyers At The Va. State Bar Annual Meeting Reminded To Get A Life.
June 28, 2004... Byline: Dara McLeod Lawyers at the Virginia State Bar Annual Meeting took a break from the sun and CLE to remind each other that theirs is a rewarding but demanding profession, and if they miss the boat on the way to a balanced life they...

New Corporate Counsel Rule Deadline Is Fast Approaching In Va.
June 28, 2004... Byline: Brent Baldwin This Thursday, July 1, is the registration deadline for any person who works in Virginia as an in-house attorney or corporate counsel and is not a member of the Virginia State Bar. A new rule of the Supreme Court...

Virginia Court of Appeals Case Summaries: June 28, 2004.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff Administrative FOIA - Government Contract - Attorney Work Product A lawyer who represents a contractor involved in a construction dispute over a government-funded project in Egypt cannot use...

Verdicts & Settlements June 28, 2004: Virginia auto negligence suit settles for $270K.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff Mr. Cubbage, a pedestrian, was struck by a pickup truck operated by an employee of the defendant at a job site in Fairfax County on Aug. 16, 2000. The plaintiff, who was working at the time of his...

Verdicts & Settlements June 28, 2004: False cancer diagnosis suit settles for $250K.
June 28, 2004... Byline: Virginia Lawyers Weekly Staff A 51-year-old military spouse sought treatment at Portsmouth Naval Hospital for a persistent cough. Chest x-ray and CT scan showed a mass in right middle lung lobe. A needle biopsy reported as positive...