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On May 10, 2018, by unpublished Order in Mack v. Blount, No. 170878, an appeal from Hampton Circuit Court, the Virginia Supreme Court found that it was “[reversible] error for the trial court to refuse to properly instruct the jury, when it was aware of...

Trial is the monthly legal journal of the American Association for Justice (“AAJ”), formerly the American Trial Lawyers Association (“ATLA”).  Its issue for June, 2018, is entitled “PROTECTING THOSE WHO SERVE”. June 2018 Trial reported vehicle accident cases in its “Verdicts & SETTLEMENTS”.  Id. at 10,...

On May 25, 2018, pursuant to 5/7/18 Hearing Order entered on May 18, 2018, nursing home Williamsburg Landing, Inc. belated produced a whopping 573 pages of key medical records and papers pertaining to its deceased resident patient, most of which it wrongfully had withheld in...

On June 6, 2018, Mr. Waterman was an invited speaker for the Virginia Trial Lawyer’s Association CLE entitled “Ending the Case Before Judgment,” which covered Virginia nonsuit law.  His topic was “Strategic and tactical considerations” of nonsuit.  He has handled 3 appeals before the Virginia...

By Order entered May 8, 2018, Newport News Circuit Court granted Plaintiff Second Motion for Leave to Amend in the nursing home case of Davis v. Virginia Health Services, Inc., No. CL703550F-15.  Progressively, Plaintiff’s Second Amended Complaint in Davis v. VHS delineates separate survival personal...

On May 3, 2018, the Virginia Supreme Court issued Cherry v. Lawson Realty Corp., No. 170718, reversing a pre-trial partial dismissal with prejudice of claims by Newport News Circuit Court.  Cherry held that enactment of Va. Code §8.01-226.12 supplemented, not abrogated, Plaintiff’s claims for common...

Trial is the monthly journal of the American Association for Justice (“AAJ”), formerly American Trial Lawyers Association (“ATLA”).  Its issue for May, 2018, is entitled “MEDICAL NEGLIGENCE”. May 2018 Trial features 3 medical malpractice articles: “FIRE in the OR,” id. at 34-38; “Understanding Fetal Monitoring EVIDENCE,”...

In May, 2018, WY Daily reported about the escalation in hit-and-run accidents, particularly involving pedestrian victims.  AAA Foundation for Traffic Safety statistics are troubling: (2006-2016) Average of 682,000 hit-and-run crashes/year. (2006-2016) 65% of hit-and-runs involved pedestrians or bicyclists. (2006-2016) 20% of pedestrian deaths are by hit-and-run drivers. (2009-2016) 60%...

On May 3, 2018, the Honorable Michael E. McGinty denied Defendant nursing home’s Demurrer and upheld Plaintiff’s pleading for punitive or exemplary damages, based principally on local DSS Adult Protective Services’ investigation/determination of “abuse, neglect or exploitation” and need for protective services at the nursing...

On May 3, 2018, the Honorable Michael E. McGinty granted Plaintiff patient’s motion to compel and enforce a discovery subpoena for safety committee materials of third-party, Sentara Williamsburg Regional Medical Center, rejecting the hospital’s claims of privilege under Va. Code 8.01-581.17 and under Patient Safety...

On May 7, 2018, Mr. Waterman’s lawsuit was heard by the Honorable Charles J. Maxfield, a retired Fairfax judge who relocated to Williamsburg and was designated to substitute for the regularly presiding judge.  He ruled in favor of Plaintiff patient against Defendant nursing home in...

The Journal of the Virginia Trial Lawyers Association. Vol. 27, No. 1, for Spring, 2018 features “The Definitive Guide to Hospital Electronic Medical Recordkeeping Systems”.  Id. at 4-16. Its author kindly acknowledged Mr. Waterman: “The author would like to thank Avery T. “Sandy” Waterman, Jr....

On April 27, 2018, Spotsylvania Circuit Court opined that the offending motorist’s statement taken by his State Farm insurance adjuster after the two-car crash was discoverable, not privileged work product, as “made to insurance agents in the regular course of business not in preparation for...

On April 30, 2018, Virginia Lawyers Weekly headlined “Peer Review privilege waived over discovery” on its front page, reporting the 4/16/18 wrongful death case Order in Creasy v. Medical Assocs. of Southwest Virginia, Inc., No. CL-17-1582 in Montgomery Circuit Court. Id. at 1. Virginia Lawyers...

On May 2, 2018, WYDaily headlined Mr. Waterman’s medical malpractice case in Williamsburg: “Family sues Williamsburg Landing in mother’s fall-related death at nursing home”.  That wrongful death case is Scruggs v. Williamsburg Landing, Inc., et. al., No. CL1700087-00 in Circuit Court for the City of...

On May 1, 2018, Mr. Waterman filed personal injury suit in Gloucester, the residence of the Defendant offending motorist. The claim arises out of a 3-car collision at an I-64 off-ramp in James City County, Virginia. The victim motorist still is treating 2 years after...

On April 26, 2018, Consent Order was entered by Newport News Circuit Court on Plaintiff Patient’s Motion to Enforce Va. Code §B.01-413(C) Subpoena Duces Tecum for ostensibly “privileged” nursing home materials kept outside of the resident/patient’s chart.  The patient fall medical malpractice case of wrongful...

On April 16, 2018, Montgomery Circuit Court issued a scathing letter opinion against Co-Defendant, Montgomery Regional Hospital, Inc. (“MRH”), and its counsel in the wrongful death case of Creasy v. Medical Associates of Southwest Virginia, Inc., et. al, No. CL17-1582.  Adopting Plaintiff’s legal authority, Creasy...

On April 5, 2018, the Virginia Supreme Court issued Williams v. Swenson, No. 170538.  It rejected a “continuing objection” to prospective closing argument references as “waived,” because counsel: (1) “was not clear as to whether it addressed argument concerning foreseeability pertaining to the standard of...

On March 27, 2018, the Pennsylvania Supreme Court opined that Pennsylvania’s committee peer review privilege statute does not cover physician performance materials prepared by the defendant independent contractor of the defendant hospital, which staffed and ran the Emergency Department.  The case is Reginelli v. Boggs,...

Trial is the monthly legal journal of American Association for Justice (“AAJ”), formerly American Trial Lawyer Association (“ATLA”).  Its April 2018 issue is titled “Environmental HAZARDS”. Trial’s “Verdicts & SETTLMENTS” reports 6 vehicle accident cases.  Id. at 10-21.  “Collision center glued on roof resulting in car’s...

On March 28, 2018, Mr. Waterman settled for liability policy limits of State Farm the personal injury claim of a Williamsburg minor, who was a victim of a single car crash in New Kent.  The offending driver lost control on Interstate 64 and crashed into...

On April 3, 2018, Loudoun Circuit Court issued 16-page Letter Opinion and Order in the nursing home case of Hirsch v. CSP Nova, LLC, No. 108222, ruling for plaintiff victim, on multiple key discovery points: Defendants: All discovery rulings applied to both Defendants, the “licensed operational...

On March 26, 2018, Mr. Waterman settled a two-car crash case, arising out of a rear-end collision on Main Street in Newport News.  After suit, he obtained policy limits from the defendant’s liability insurer (Alfa Insurance Company) plus policy limits from plaintiff’s underinsured coverage (USAA)....

On March 21, 2018, Roanoke Circuit Court ordered a roughly one-third ($100,000.00) reduction in the Medicaid lien of DMAS over objection of Virginia’s Office of Attorney General, where counsel of the plaintiff medical malpractice victim voluntarily reduced attorney fees ($200,000.00).  The case is Kinsey v....

On March 22, 2018, the Virginia Supreme Court issued Evans v. NAACO Materials Handling Group, Inc., No. 161788, involving a Roanoke jury verdict of $4,200,000.00 for wrongful death, arising out of a lift truck accident. Post-trial, the trial judge entered judgment for defendant on ground...

On March 18, 2018, an Uber self-driving test car (manned by a human operator) struck and killed a 49 year-old woman crossing a street while walking her bike outside a crosswalk in Tempe, Arizona – a year after another self-driving Uber vehicle had a crash...

On March 9, 2018, a Richmond jury awarded $37,800,000.00 to a cement mixer truck accident victim who was rendered a quadriplegic because of defective tire tread separation. The case is Benedict v. Hankook Tire Co., Ltd., No. 3:17-cv-109 in United States District Court for the...