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The Bencher is the bimonthly publication of the American Inns of Court (www.innsofcourt.org), formed in 1985 and modeled after the English Inns of Court (Lincoln’s Inn, Middle Temple, Gray’s Inn, and Inner Temple) dating to the 1300s. Its issue for the May/June 2014 covers “The...

Online on June 27, 2014, and in print on June 30, 2014, Virginia Lawyers Weekly highlighted Mr. Waterman’s recent privilege hearing order dated June 5, 2014, in “This Week’s Opinions” under the heading “Discovery Ordered for Hospital Risk Manager Notes”. His underlying wrongful death case...

On June 25, 2014, The Virginia Gazette reported that Mr. Waterman was selected for “Virginia Super Lawyers” for 2014, which “represents the sixth consecutive time since his first induction in 2009 that he has been named to the exclusive list.” Id. at 13A. The Virginia...

Trial is the monthly publication of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). In the issue for June, 2014, its Verdicts & Settlements report under “AUTOMOBILE ACCIDENTS” the notable New Mexico wrongful death case entitled “Driver Buried Alive Under Sand...

On June 23, 2014, in Mr. Waterman’s patient fall lawsuit of Nancy Peck v. Riverside Hospital, Inc., et al., No. CL1400873V-04, Circuit Court for the City of Newport News, Virginia, heard Patient’s Motion to Enforce Va. Code §8.01-413(C) Subpoena Duces Tecum & HIPAA/HITECH and Riverside’s...

On June 16, 2014, Virginia Lawyers Weekly covered two wrongful death cases involving Mr. Waterman. They are the patient fall lawsuit of Eason v. Sentara CarePlex Hosp., No. CL12-470, Letter Op. (Hampton May 29, 2014) and the plane crash appeal of Harman v. Honeywell Int’l,...

On June 13, 2014, Mr. Waterman settled a car crash claim for personal injuries for $475,000.00 from insurers, Nationwide and Alfa. The case is Lamont v. Striggles, No. CL1301322V-04 in Circuit Court for the City of Newport News, Virginia. The Lamont lawsuit arose out of a...

On June 12, 2014, Appellee Honeywell filed Notice of Intent to Petition for Rehearing in the dual-death plane crash case of Harman v. Honeywell Int’l, Inc., No. 130627. Before deciding the appeal in favor of the Estate Representatives on June 5, 2014, the Virginia Supreme...

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.,...