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On June 5, 2014, the Virginia Supreme Court issued its opinion in the medical malpractice appeal of Bartee v. Vitocruz, No. 131283. “Applying the doctrine of survivorship, the power of appointment given [Robert] Bartee and Wiley Begley as co-administrators to prosecute a wrongful death action...

On June 2, 2014, Circuit Court for the City of Newport News upheld Mr. Waterman’s use of medical injury illustrations as demonstrative evidence in a car crash case set for jury trial during June 16-20, 2014. The lawsuit is Lamont v. Striggles, No. CL1301322V-04. Nationwide, as...

On June 5, 2014, the Virginia Supreme Court issued its opinion in the wrongful death appeal of Harman v. Honeywell Int’l, Inc., No. 130627. It reversed and remanded in favor of Plaintiffs/Appellants, in whose support Mr. Waterman had authored Brief and Reply Brief Amicus Curiae...

On May 29, 2014, a Letter Opinion issued in the patient fall case of Eason v. Sentara CarePlex Hospital, Sentara Hospitals, et al., No. CL12-470 in Circuit Court for the City of Hampton, Virginia. It covered policies, procedures, and audit trails, including metadata. First, the Eason...

The Trial Lawyer is the quarterly magazine of The National Trial Lawyers’ Top 100 Trial Lawyers. Its Spring 2014 issue features two articles about vehicle crashes, two about brain injuries, and one about medical malpractice. The first is “THE UNHOLY TRINITY: TALKING, TEXTING AND TRUCKING –...

On April 17, 2014, the Virginia Supreme Court issued Gibson v. Commonwealth, No. 131256, a special case concerning the Sexually Violent Predators Act (“SVPA”), Va. Code §37.2-900, et. seq. It reversed and remanded the Judge’s civil commitment of a sexually violent predator because the wrong...

In Lucas v. Woody, No. 131064, a sharply divided Virginia Supreme Court decided in a special case of “first impression” on April 17, 2014, that the 1-year statute of limitation of Va. Code §8.01-243.2, not the 2-year statute of limitation of Va. Code §8.01-243(A), applied...

On February 25, 2014, in an unpublished per curiam decision, the United States Court of Appeals for the Fourth Circuit vacated and remanded the dismissal of a sexual harassment lawsuit by the United States District Court for the Eastern District of Virginia in Rice v....

David v. David, No. 122145 in the Virginia Supreme Court, was decided February 27, 2014. It delineated that the spouse owning separate property bears the burden of proving whether significant personal effort during marriage proximately caused substantial appreciation of that separate property during marriage. Id....

On February 27, 2014, the charitable immunity case of The Byrd Theatre Foundation v. Barnett, No. 130691, was decided by the Virginia Supreme Court. It affirmed the trial court’s holding that defendant Foundation was not entitled charitable immunity. Id. at 1. Byrd Theatre held the dispositive...

On May 9, 2014, Patient’s Motion to Enforce Va. Code §8.01-413(C) Subpoena Duces Tecum, Riverside’s Motion to Quash, and Dr. Schultz’s Objection was heard in the wrongful death case of Joanne T. Rauchfuss, Administratrix of the Estate of George William Rauchfuss, Jr., Deceased v. Roger...

On May 2, 2014, Newport News Circuit Court granted leave to amend to correct a Defendant misnomer pursuant to Va. Code §8.01-6 in Gibbons v. Riverside Medical Group, et al., No. 1002326T-01. Specifically, Plaintiff named and served a corporation (Riverside Physician Services, Inc.) as Defendant...

In Temple v. Mary Washington Hosp., Inc., No. 131754 of the Virginia Supreme Court, Mr. Waterman authored the Virginia Trial Lawyers Association’s Reply Brief Amicus Curiae in Support of the Appellant, the deceased patient’s widow. The second major issue in that wrongful death case rebutted...

On April 30, 2014, Mr. Waterman filed Reply Brief Amicus Curiae for Virginia Trial Lawyers Association in Support of Appellant, the patient’s widow, in the wrongful death appeal of Temple v. Mary Washington Hosp., Inc., No. 131754 in the Virginia Supreme Court. A major issue...

On April 4, 2014, the Virginia Supreme Court handed down its unpublished order in Turner v. Perryman, No. CL12667 in Circuit Court of Hanover County, Virginia, involving a truck-motorcycle crash. A 5-2 majority concluded “the circuit court erred by instructing the jury on contributory negligence,”...

Trial is the monthly magazine of the American Association of Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for April 2014 is entitled “Workplace Safety,” but also features in “Verdicts & Settlements” 2 noteworthy trucking accident cases. In “Inadequate Truck Maintenance Policy Leads...

On February 17, 2014, Mr. Waterman’s two Motions to Compel discovery came before the Court for hearing in the wrongful death case of Eason v. Sentara Hospitals, et al., No. CL12000470 in Circuit Court for the City of Hampton, Virginia. The Judge in Eason took...

On February 16, 2014, the Virginia Supreme Court heard oral argument in the consolidated wrongful death appeals in Harman v. Honeywell, Inc., No. 130627. Mr. Waterman authored the Brief Amicus Curiae and Reply Brief Amicus Curiae for the Virginia Trial Lawyers Association in Support of...

The Virginia Trial Lawyers Association filed Brief Amicus Curiae in Support of Appellant in the wrongful death suit, Temple v. Mary Washington Hosp., Inc., No. 131754 in Virginia Supreme Court. The final issue covered by Mr. Waterman in that Brief is the discoverability of metadata,...

The following is an excerpt re admissibility of policies from Brief Amicus Curiae of Virginia Trial Lawyers Association in Support of Appellant recently written by Mr. Waterman. It was lodged in the wrongful death appeal of Temple v. Mary Washington Hosp., Inc., No. 131754 in...

Temple v. Mary Washington Hosp., Inc., No. 131754 in the Virginia Supreme Court, is a wrongful death appeal that raises the discoverability of policies and of metadata. The following re policies discovery is excepted from Brief Amicus Curiae of Virginia Trial Lawyers Association in Support...

On April 7, 2014, Mr. Waterman lodged with the Virginia Supreme Court of Virginia the Brief Amicus Curiae he authored on behalf of the Virginia Trial Lawyers Association (“VTLA”) in Support of Appellant in the wrongful death case of Temple v. Mary Washington Hospital, Inc.,...

On March 28, 2014, Plaintiffs filed Memorandum is Support of Agency in Gibbons v. Riverside Medical Group, et al., No. CL10-2326T01 in Newport News Circuit Court. Defendant obstetricians, Dr. James M. Mullins, III and Dr. Glenna Henderson, oppose Plaintiffs having served them lawsuit process through...

On March 25, 2014, the wrongful death case of Tracy Whitby, Administratrix of the Estate of Kelvin Parker, Deceased v. Peninsula Neurosurgical Associates, Inc., et. al, No.: CL1304969T-01 in Circuit Court for the City of Newport News, Virginia, came on for supplemental evidentiary privilege hearing...

Trial is the monthly magazine of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”). Its issue for March 2014 is entitled “Equal Footing? Gender equity in the law and your role in it”. The lead article is “BLAZING THROUGH MASS TORTS,”...

On March 20, 2014, the Virginia Supreme Court granted Mr. Waterman’s Motion for Leave to File Reply Brief Amicus Curiae of Virginia Trial Lawyers Association in Support of Appellants in Harman and Bemberis v. Honeywell Int’l, Inc., No. 130627. In that consolidated appeal of manufacturer...

On February 27, 2014, the Virginia Supreme Court issued Rodriguez v. Leesburg Business Park, LLC, No. 122029. It reversed the dismissal of a tort action for wrongful death. Id. at 1, 10. Rodriguez found out that the construction victim employee’s work was not the “trade, business...

On February 27, 2014, the Virginia Supreme Court handed down Coalson v. Canchola, No. 130837, an automobile accident case in which it reinstated a punitive damages award of $100,000.00 that had been remitted to $50,000.00 by the trial court under protest by Plaintiff. Coalson held...

In Harman v. Honeywell Int’l, Inc., No. 130627 in the Virginia Supreme Court, writ of certiorari was granted inter alai on two assignments of error re defendant introducing opinion testifying of two lay witnesses. Mr. Waterman addressed those issues for plaintiffs in Reply Brief Amicus...

On March 12, 2014, the medical malpractice lawsuit of Whitby v. Peninsula Neurological Associates, Inc., Richard B. McAdam, M.D., Bon Secours Mary Immaculate Hospital, and Mary Immaculate Hospital, Incorporated, No. CL13-4969T-01 in Circuit Court for the City of Newport News, Virginia came on for evidentiary...