InjuryBoard Northern Virginia Archives

• Negligent Hiring in Virginia

  Ben Glass | April 29, 2007 5:39 PM | 0 Comments
  Category: Miscellaneous

  The tort of 'negligent hiring' was first recognized by Virginia in 1921. The Supreme Court of Virginia said in a very old case that the "hospital owed a duty of due care in selection and retention of its employees." In 1922 a gateman at a railroad crossing shot a woman passenger in a car. The court found "ample evidence tending to prove that the assailant was a man who would become highly...

• $175,000.00 SETTLEMENT IN COVINGTON, VIRGINIA ACCIDENT

  Ben Glass | April 28, 2007 5:41 AM | 0 Comments
  Category: Automobile Accidents

  Based on published reports, the plaintiff's car was struck from the rear by a pickup truck. There was extensive damage to the car. Prior to the accident, the plaintiff had sustained an injury to her left elbow and had treatment for low back symptoms. In this accident the plaintiff re-injured her elbow and the plaintiff went through months of injections followed by surgery. A year and a half...

• Florida "Paralyzed" Claimant found Walking (on video)

  Ben Glass | April 27, 2007 6:13 AM | 0 Comments
  Category: Medical Malpractice

  Here's another disturbing story that only makes it harder for legitimate victims of malpractice to have their day in court.A Florida judge has thrown out a woman's medical malpractice lawsuit after the judge viewed a video showing the woman walking. This was after the woman had testified in deposition that she couldn't walk at all after an undiagnosed spinal abscess.Comments from her lawyers:He...

• The Absurdity of ERISA in disability claims.

  Ben Glass | April 26, 2007 5:26 PM | 0 Comments
  Category: Miscellaneous

  The First Circuit Court of Appeals issued an opinion at the end of March which again demonstrates that the federal law of ERISA (designed to protect your pension plans) has turned the disability evaluation world upside down.The plaintiff sought disability benefits after she could no longer work due to fibromyalgia. Every doctor who examined the plaintiff, including an independent examiner found...

• Another $67,000,000 Embarassment for Lawyers

  Ben Glass | April 26, 2007 9:01 AM | 2 Comments
  Category: Miscellaneous

  The Washington Post's Marc Fisher has an article on the front section of today's Metro section of a very disturbing tale of a lawyer (and judge, no less) who is making a mockery of the judicial process.According to Fisher's piece, Washington D.C. Lawyer and Administrative Law Judge Roy Pearson took a pair of pants to a local dry cleaners for repair. When things didn't turn out as he wanted he...

• $100,000 Punitive Damage Award "OK"--Virginia Supreme Court

  Ben Glass | April 25, 2007 5:17 PM | 0 Comments
  Category: Miscellaneous

  Two 20-year employees of General Electric Company ended up in a fight at the plant. One of the employees put his hands on the other's chest and violently slammed him against the concrete wall causing his cap and safety glasses to go flying and a "knot" on his head to develop. The employee who had been knocked down sued, claiming that he had suffered personal injury and was humiliated knowing...

• $350,000.00 settlement for fall in assisted living center.

  Ben Glass | April 24, 2007 1:20 PM | 0 Comments
  Category: Medical Malpractice

  According to published reports,in this case in the southwest part of Virginia, an 87 year old assisted living resident fell and suffered hip and elbow fractures while walking from her bed to the bathroom. Prior to the fall she had been independent in walking at the time of the fall and for the prior five years while she was a resident of the facility. Her case settled for $350,000.00.Lawsuits...

• Virginia Tech Shooting

  Ben Glass | April 16, 2007 12:34 PM | 1 Comments
  Category: Miscellaneous

  Our prayers go out to the victims and families of this morning's shooting at Virginia Tech. While none of my children attend Virginia Tech our family has many friends who's children do attend. My kids have friends there.We hope all are safe and that those who are injured do recover.

• The "Final" Verdicts You Don't See

  Ben Glass | April 10, 2007 8:22 AM | 0 Comments
  Category: Medical Malpractice

  Every once in a while you undoubtedly read about a verdict that seems too large, at least on the limited facts that appear in most newspapers.Often times these "runaway" verdicts start up a new round of calls for "reform."The truth is that the legal system already has in place methods for verdicts to be reduced by the person in the best place to make a judgment, the judge.This happened recently...