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On November 1, 2013, Plaintiff’s Motion to Compel re Privilege Claims was heard in Lyles v. Calloway, No. CL000070-00 in Circuit court for Gloucester County Virginia, a vehicle accident lawsuit for personal injuries. The judge granted Mr. Waterman’s motion in part, conducting in camera review of defense documents and ordering...

The American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”), features “Verdicts and Settlements” in Trial, its monthly magazine. The issue for November, 2013, highlights “MEDICAL NEGLIGENCE”: “Failure to Diagnose Ischemic Stroke”. Id. at 10, 12. A 19 year-old Emergency Room patient with profound neurological deficits,...

Trial is the monthly publication of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its issue for November, 2013, focuses on special cases of “Products Liability,” including auto accidents. It features 5 product liability articles: “BREAKING THROUGH COURT SECRECY,” id. at 14-18; “UNMASKING DEFECTS IN...

On October 25, 2013 the Virginia Supreme Court let stand a $9,182,906.23 jury verdict in Circuit Court for the City of Newport News, Virginia, for a wrongful death victim of asbestos. The case is John Crane, Inc. v. Bristow, No. 120947, and was handled by Mr. Waterman’s...

On May 10, 2013, the Virginia Supreme Court issued an unpublished 6-page opinion in Westermann v. Bermisa, et al., Record Nos. 121004 & 121005. It remanded for entry of a $3,500,000.00 final judgment in favor of Plaintiff on a wrongful death lawsuit. Id. at 5. The jury in Westermann found for Plaintiff against...

The Trial Lawyer is the quarterly legal publication of The National Trial Lawyers Top 100 Trial Lawyers. Its Fall 2013 issue features a truck accident primer, “Working A Trucking Case: The A to Z Basics”. Id. at 16-17. Mr. Waterman has been named to the Top 100 Trial Lawyers in...

In October, 2013, Mr. Waterman’s law firm, Patten Wornom Hatten & Diamonstein, L.C., received the prestigious legal recognition of Tier 1 ranking in the 2014 Edition of U.S. News – Best Lawyer’s “Best Law Firms”. Mr. Waterman has practiced with the firm for 27 years – the third longest...

On October 18, 2013, Mr. Waterman filed brief on the “crime-fraud exception” to claims of attorney-client and work product privilege in a 3-car crash case in Circuit Court for Gloucester County, Virginia. The lawsuit is Landon L. Lyles v. Fredrick J. Calloway, Illinois National Insurance Co., and...

The October 2013 issue of Trial, the monthly publication of American Association of Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”), covers “Verdicts & Settlements”. It reports 7 cases, notably 2 wrongful deaths. Id. at 8-12. For example, “Failure to Remove Old Railroad Tracks Leads to Scooter Accident” resulted...

Trial is the monthly magazine of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its October 2013 issue marquees “Nursing HOMES”. October 2013 Trial features articles on the topic: “BEAT BACK the BIAS,” id. at 14-18; “PROVING PAIN IN NURSING HOME CASES,” id. at 20-26; “ELECTRONIC MEDICAL RESEARCH PRIMER,” id....

On October 4, 2013, Mr. Waterman settled a car accident lawsuit pending in Circuit Court for the City of Williamsburg and James City County, Virginia. It isMerritt-Lewis v. Parrott, No. CL11-575. The victim was rear-ended on Lafayette Street near the Colonial Williamsburg Foundation facility. For her injuries she...

On October 16, 2013, The Virginia Gazette featured Mr. Waterman in its “NEWSMAKERS”. The legal recognition was for him being named “Lawyer of the Year” in Southeast Virginia by Best Lawyers in America (2014) for his success in Medical Malpractice Law – Plaintiffs....

Macdonald v. Corrigan, 85 Va. Cir 165 (Fairfax County Aug. 8, 2012) reports a “failure to diagnose” case of “lost life expectancy”. The Court denied Defendants’ post-trial motion to reduce the jury’s medical malpractice verdict for emotional damages and for future medical expenses. Id. at 168-171. First, Macdonald held Plaintiff’s emotional...

On October 1, 2013, Judge Fulton issued a 3-page letter opinion in Benson v. Lake Taylor Transitional Care Hospital, No. CL12-4293 in Norfolk Circuit Court. It is a “first impression” decision applying the expert certification amendment of Va. Code Ann §8.01-50.1 in a wrongful death case. Benson denied the medical malpractice Defendants’...

In Merritt-Lewis v. Parrott, a car crash case, no. CL11-575 in Circuit Court for the City of Williamsburg and James City County, Virginia, Mr. Waterman sought contemporaneous witness statements tape-recorded by Progressive Insurance Company. On October 2, 2013, he filed Plaintiff’s Memorandum in Support of Motion to Enforce. A. Other...

Best Lawyers in America (2014) named Mr. Waterman as “Lawyer of the Year” in the greater Norfolk metropolitan area. Its legal recognition is for his performance in Medical Malpractice Law - Plaintiffs. “Lawyers being honored as ‘Lawyer of the Year’ are selected based on particularly impressive voting averages received...

On September 25, 2013, pursuant to the Judicial Disqualification Policy, the Chief Judge of the Seventh Judicial Circuit designated Judge Pugh to preside over the medical malpractice lawsuit captioned George Rauchfuss v. Roger E. Schultz, M.D., Roger E. Schultz, M.D., Hampton Roads Urology, Riverside Physician Services, Inc.,...

Healthcare Risk Management (“HRN”) is a monthly periodical in circulation for 35 years. Its October 2013 issue, Vol. 35, No. 10, covered Mr. Waterman’s $3,500,000.00 Newport News jury verdict in the patient fall lawsuit, Shirley Burrell v. Riverside Hospital, Inc., et al., No. CL1101633F-15. HRN devotes 3 pages to his medical malpractice case...

On September 12, 2013, the Virginia Supreme Court decided Assurance Data, Inc. v. Malyevac, No. 121989. It reaffirmed that “a demurrer has one purpose – to determine whether a complaint [as a whole] states a cause of action upon which the requested relief may be granted.” Id. at 10...

The September 2013 issue of Trial, the monthly magazine of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”), includes “Relief from the Medicare Secondary Payer Healthcare”. That article highlights federal legislation that delays an increasing number of vehicle accident and other settlements. Unfortunately, many victims...

On August 13, 2013, Mr. Waterman’s peer chose him to be named in The Best Lawyers in America for 2014. In fact, his legal recognition is in 2 different practice areas: Personal Injury Litigation – Plaintiff and Medical Malpractice Law – Plaintiff. Notably, this legal recognition marks the 8th consecutive time...

Trial is the monthly magazine of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”). Its September 2013 issue focus on special cases of “DRUGS & DEVICES”. Trial’s lead articles include “PUT ADVERSE EVENTS TO GOOD USE,” id. at 14-19; “LURKING BENEATH THE PRINTED PAGE,” id. at 20-27; “Charting...

On July 26, 2016, Mr. Waterman filed George W. Rauchfuss v. Roger E. Schultz, M.D., Hampton Roads Urology, Riverside Physician Services, Inc., Riverside Medical Group, Benjamin J. Pettus, M.D., Peninsula Radiological Associates, Ltd., Riverside Diagnostic Center – Williamsburg, Riverside Hospital, Inc., Riverside Health System, and Riverside...

Va. Sup. Ct. Rule 4:10 gives state court judges discretion to order physical and mental examinations of personal injury victims. All too frequently, however, the Rule is misused by the defense to trump up issues to create risk at trial and thereby to leverage unfairly...

On August 13, 2013, Mr. Waterman’s peers chose him to be named in The Best Lawyers in America for 2014. In fact, his legal recognition is in 2 different practice areas: Personal Injury Litigation – Plaintiff and Medical Malpractice Law – Plaintiff. Notably, this legal recognition...

The Trial Lawyer is the quarterly magazine of The National Trail Lawyers: Top 100 Trial Lawyers. Its summer 2013 issue highlights interstate trucking accidents in “You’re Not in Kansas Anymore Dorothy… and this Ain’t No Car Wreck Case”. Id. at 12-18. The article helpfully lists more...

In August, 2013, the Virginia State Bar publicized that its Standing Committee on Legal Ethics had approved Legal Ethics Opinion (“LEO”) 1871, regarding inadvertent receipt of confidential information during litigation discovery. LEO 1871 follows Va. Sup. Rule 4:1 (b)(6)(ii), which mandates a lawyer must destroy...

Effective July 1, 2013, the Virginia General Assembly amended and reenacted Va. Code Ann. §8.01-401.1 by Senate Bill 983. The revision materially affects expert opinion involving “published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as reliable...

Per House Bill 1892, Va. Code Ann. §8.01-249(6) was amended and reenacted by the General Assembly of Virginia effective July 1, 2013. It enlarges the statute of limitation for the special case of childhood sexual abuse. The amendment specifies that the cause of action for a...

With passage of House Bill 1477, the Virginia General Assembly amended and reenacted Va. Code Ann. §8.01-397, effective July 1, 2013. §8.01-397 is the so-called Dead Man’s Statute that is implicated in many wrongful death cases. The revision liberalizes the rule, adding that “in addition to...