Category: Laws & Cases

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How Do I Fight Goliath?

imgres1At one time or another, most of us have heard about “class actions”, where groups of people claim to have all suffered a personal injury caused by a particular company or a particular drug.  Some of you may have taken Fen-Phen years ago as a diet drug, or Xarelto, or have received a hip implant from a company called DePuy Orthopedics.  Everyone knows about the Gulf Oil spill harm arising from the Deep Water Horizon failure.  How about Chinese Dry Wall? Continue reading “How Do I Fight Goliath?”

Pure Contributory Negligence: How Virginia Law May Affect Your Accident Case

Pure Contributory Negligence: How Virginia Law May Affect Your Accident CaseNegligence is an essential element of personal injury cases, particularly those involving motor vehicle accidents. The definition of negligence is pretty standard, but there are different theories of negligence that are applied from state to state. The definition of negligence, according to the Cornell Law School, is “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” Continue reading “Pure Contributory Negligence: How Virginia Law May Affect Your Accident Case”

Supreme Court of Virginia Reiterates Punitive Damage Standard in Civil Drunk Driving Case

Supreme Court of Virginia Reiterates Punitive Damage Standard in Civil Drunk Driving CaseThe Supreme Court of Virginia recently struck a blow for justice when it remanded a personal injury case to the trial court for further consideration of punitive damages. The appeal involved a jury instruction that may have caused the jury in the case to not appropriately consider its award of punitive damages. Cain v. Lee, (2015). Continue reading “Supreme Court of Virginia Reiterates Punitive Damage Standard in Civil Drunk Driving Case”

$18 Million – What Happens When They Really AREN’T On Your Side

The next time that you hear one of the multitude of commercials on television, where the kindly spokesperson tells you that their insurance company wants to be your friend and that they are there to help you like your best buddy, feel free to yell back at the TV, because you won’t want to believe this.

After a 16 year fight, and 2 trials, a Judge in Pennsylvania ruled that Nationwide Mutual Insurance Company had violated the Unfair Trade Practices and Consumer Protection Law, and had acted in Bad Faith, when it, get this, dragged out a vehicle property damage claim, for 18 YEARS, and spent $2.5 Million in legal fees to avoid paying a claim of LESS THAN $25,000.00.  No this is not one of those “made up Stella award” cases.  This is the result in the case of Berg v. Nationwide Mutual Insurance Co., PICS No. 14-0999, in the Berks County Court of Common Pleas in Pennsylvania, issued recently.

BELIEVE IT!!! Continue reading “$18 Million – What Happens When They Really AREN’T On Your Side”

The Rest Of Us Can’t Read Your Mind!

TurnSignal 2Blinkers, turn signals, flashers, whatever you want to call them, have seemingly gone by the wayside on the roadways these days.  Apparently many drivers either believe that the rest of us can read their minds, or they just think that they are the only ones on the road.  Every vehicle is equipped with electronic signals so that the driver can let the rest of us in on the secret about whether they intend to turn or change lanes.  If the vehicle doesn’t have electronic signals, then arm signals are a wonderful substitute. Continue reading “The Rest Of Us Can’t Read Your Mind!”

How Reckless is Reckless Driving?

Reckless Driving

And the answer Alex is, “What is 80 mph”. The changes over time on our interstate highways in Virginia, to speed limits ranging from 55 mph to 65 mph and even to 70 mph, have left some drivers confused as to just how much trouble they can get into when they fail to pay attention to the speed limit. The confusion was brought home recently by a client who was traveling on Interstate 95 heading through Emporia. The speed limit was 70 mph and, according to the kindly state trooper that stopped him, he was traveling at 81 mph. To my client’s shock and surprise, the trooper handed him a traffic summons citing him with Reckless Driving. He was ready for the speeding ticket for driving 11 miles over the limit, but knew he wasn’t driving recklessly. So here he was, in my office, afraid he was going to jail. Continue reading “How Reckless is Reckless Driving?”