| THE
FOLLOWING CASE RESULTS DEPEND UPON A VARIETY OF FACTORS
UNIQUE TO EACH CASE. THESE
CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT
IN FUTURE CASES.
.:
Auto Accident /
Negligence
Name of Case - Blaha v. Estate of Poole
Injuries - Transected aorta, damaged laryngeal nerve
Verdict / Settlement - Settlement Awarded $600,000.00
Additional case
information:
Plaintiff was a passenger in a vehicle which
was struck head-on by decedent. The decedent's vehicle
crossed the center of Route 751 and struck the vehicle in
which Mr. Blaha was a passenger. The plaintiff's
transected aorta resulted from a high speed deceleration
injury from the impact of the accident. The plaintiff's
laryngeal nerve was damaged during the surgery to repair
the transected aorta because it was necessary to move the
laryngeal nerve in order to reach the aorta.
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Wrongful Death /
Medical
Malpractice
Name of Case - Estate of
Lawson v. Medical Facilities of America, d/b/a Hanover
Health Care Center
Special Damages - $4,033.36 in funeral
expenses
Insurance Company - American Continental
Verdict
/ Settled - Settlement Awarded $300,000
Additional case
Information:
The decedent was a resident at Hanover Health
Care Center Nursing Home. She had been in and out of
nursing homes. She was 74 years old, and a double
above-the-knee amputee with a history of severe diabetes,
prior heart problems and prior strokes. Surviving
beneficiaries included her husband and seven grown
children. On the day of her death, she was found sitting
in the floor in front of her wheelchair with a soft belt
restraint under her neck and arms. The medical examiner
determined the cause of death to be asphyxiation due to
chest and/or neck compression. Plaintiff contended that
the use of the soft belt restraint was in violation of
OBRA, and other federal and state regulations.
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Personal Injury /
Slip-and-fall
Name of Case - Kearse-Jackson
v. Farm Fresh, d/b/a The Grocery Store
Injuries - TMJ
Syndrome
Verdict / Settlement - Verdict Awarded $1.5
million
Additional case
Information:
The plaintiff was shopping at The Grocery
Store on Williamsburg Road in Richmond when she slipped
and fell on rice spilled in an aisle. In testimony
disputed by store employees, another customer said that
she had earlier reported the spilled rice to a store
employee. The witness had left the store, but went back in
when she saw an ambulance arrive. The witness saw that the
plaintiff had slipped on the rice, and left her name and
address with the plaintiff. She initially was treated for
back pain and headaches. Eventually, a physician traced
the headaches to TMJ so severe that she could open her jaw
only one or two millimeters. Both the plaintiff's
physician and the defense witness who conducted the
independent medical examination testified to the severity
of the TMJ, although they differed in their conclusions
about what caused it. The plaintiff underwent four
surgeries, including a jaw replacement, which left visible
scars. Now she no longer has jaw hinge joints, and she
must use a pump device like a car jack to ease her mouth
open each morning so she can talk and eat.
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Injury / Gross
Negligence
Name of Case - Bryson v.
City of Richmond
Verdict / Settlement - Amount
Confidential (Settlement through Mediation)
Additional case
Information:
The city's utility work crew was in the
process of repairing a leak in the gas main when it
exploded. Ms. Bryson, lived in an apartment directly in
front of where the explosion occurred. After the accident,
she spent three weeks in the hospital, where for the first
10 days was listed in critical condition. Her two year old
daughter was also hospitalized with less serious injuries.
The suit was filed charging that the city should have
replaced the original gas main, originally installed in
1958, which was reported to have leaks prior to October of
2001. The suit also faults the city for failing to
ventilate Ms. Bryson's apartment. After the original gas
leaks the residents were advised to shut their doors and
windows, and remain in the building. It was these failures
that caused the leaks within the apartment building
causing the explosion.
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