THE VIRGINIA VERDICT REPORTER - JVRA

Monthly Summaries of Civil Jury Verdicts From Around Virginia 

Volume 2 Issue 12 

THE VIRGINIA VERDICT REPORTER 

Your Essential Guide To Case Evaluation 

Doctor at State Mental Facility is Sued 

Estate Says Improper Medical Care Led to Patient’s Death 

BY LOU MORREN 

Amedical malpractice 

case filed in the Circuit 

Court for Augusta 

County settled for $450,000 

prior to trial. 

On December 15, 

1994, plaintiff's decedent, John 

McCloskey, was involuntarily 

committed to Western 

State Hospital. He 

was suffering from bipolar 

disorder. On the morning of 

December 18, decedent was 

found lying on the floor. He 

was vomiting and complaining 

of severe abdominal pain and 

constipation. The nurse on duty 

notified Defendant Timothy 

Kane, M.D., the physician on 

duty at the time. Kane ordered 

a suppository. At noon that day, 

Kane was informed that decedent's 

complaints persisted and 

he had vomited his own feces. 

After an examination and X- 

ray, Kane ordered a soapsuds 

enema, which reportedly worsened 

decedent's condition. 

Later that day, Kane was 

informed that decedent's condition 

had not improved. 

Kane decided to transfer 

decedent to the 

University of Virginia Medical 

Center at Charlottesville. The 

doctors at UVA Medical Center 

determined that decedent had 

massive internal injuries that 

included a punctured colon and 

lacerated liver. Decedent died 

14 months later on February 

24, 1996. During that time, he 

Municipal Defendants v. All Others in Auto Death Cases 

$1.0M 

$900K 

$800K 

$700K 

$600K 

$500K 

$400K 

$300K 

$200K 

$100K 

0 

Virginia Median Verdicts & Settlements 

(Defense Verdicts Omitted) 

Source: The Virginia Verdict Reporter 

$655,000 

Municipal Defs. 

$650,000 

All Others 

was in and out of consciousness 

and was never able to tell 

anyone what happened to him, 

but it was believed he had 

experienced a rectal assault. 

Plaintiff filed a federal 

lawsuit against Western State 

and Kane in which it was 

alleged that decedent was 

assaulted while in Western 

State's care and Western State 

failed to provide adequate protection. 

Western State denied 

any liability, but agreed to settle 

the matter for $50,000. 

Kane was dismissed from the 

federal suit, but plaintiff subsequently 

filed a malpractice 

claim against him in state court. 

Plaintiff claimed Kane 

provided inadequate medical 

care and was negligent in 

ordering treatment that only 

worsened decedent's condition. 

Defendant maintained 

that he provided standard of 

care treatment. 

INJURIES: Inadequate medical 

care resulting in death. 

SETTLEMENT: $450,000. 

For full details, see page 5. 

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NOTABLE DECISIONS 

Defense Verdict 

Woman Who Required Leg 

Amputation Loses Liability 

Claim Against Doctor....11 

$1,300,000 

Estate of 14 Year Old Who 

Died After Exiting School 

Bus Settles Claim.........14 

$1,500,000 

Lead Paint Claim Yields 

Award Against Child’s 

Former Landlords.........16 

$100,000 

Hotel Guest Injured in Fall 

Inside Restroom Receives 

Jury Award..................23 

$325,000 

Former Roanoke Sheriff 

Found Liable for Harassing 

Female Deputy.............27 

$20,000 

Furniture Store to Pay 

Damages to Elderly Shopper 

Who Tripped and Fell....29 

CONTENTS 

Court Index...................2 

Case Summaries.............4 

Attorneys....................30 

Judges........................31 

Expert Witnesses.........31

COURT 

INDEX 

ALBEMARLE COUNTY 

Retired Teacher Settles Suit After Suffering Brain 

Damage in Collision 

Anonymous Female v. Anonymous Motorist . . . . . . . . . . . . . . . . . . .4 

ARLINGTON COUNTY 

Triathlete Who Collided with Minivan Settles Injury 

Claims 

Anonymous Male Bicyclist v. Red Top Cab . . . . . . . . . . . . . . . . . . . .4 

AUGUSTA COUNTY 

Bipolar Patient’s Death Triggers Malpractice Lawsuit 

Carl F. McCloskey, Administator of the Estate of John W. McCloskey v. 

Timothy Kane, M.D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 

CHESAPEAKE CITY 

City Agrees to Settle Former Inspector’s Termination 

Claim 

Carl Hall v. City of Chesapeake . . . . . . . . . . . . . . . . . . . . . . . . . . .6 

DANVILLE CITY 

Defendant Prevails in Lawsuit Filed by Injured 

Pedestrian 

Ricky Gene Fugate v. Scott Ray Berkley . . . . . . . . . . . . . . . . . . . . .7 

FAIRFAX COUNTY 

Lane Change Triggers Multiple Vehicle Auto Accident 

Donghyum Kim v. Harry Guach and Marley Carter . . . . . . . . . . . . . . .7 

Reason for Loss of College Scholarship Disputed in 

Auto Case 

Jane Min v. Vijay Paradkar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 

Shoulder Injury Leads to Monetary Award for Motorist 

Adam T. Frank v. Oscar Manuel Ojeda Munzo, et al. . . . . . . . . . . . . .9 

FREDERICKSBURG CITY 

Rear-End Collision Garners Large Award for Plaintiff 

Gwendolyn J. Wood v. Layne Spence . . . . . . . . . . . . . . . . . . . . . .10 

Jury Rejects Amputee’s Medical Malpractice Claim 

Anonymous Female v. Anonymous Physician . . . . . . . . . . . . . . . . .11 

HAMPTON CITY 

Pregnant Motorist Claims Ongoing Back Pain Following 

Accident 

Misty Benton v. Daniel C. Davison . . . . . . . . . . . . . . . . . . . . . . . .11 

HOPEWELL CITY 

Jury Award for Motorist with Preexisting Injuries 

Buddy Lipes v. Jessica Mathews . . . . . . . . . . . . . . . . . . . . . . . . .12 

LOUDOUN COUNTY 

Passenger Awarded Damages for Rear-End Collision 

Elliot Blanton v. David Ramonet . . . . . . . . . . . . . . . . . . . . . . . . .13 

LOUISA COUNTY 

Lumber Worker Receives Default Judgment for Injuries 

Troy Epps v. Bruce Stanley and Stanley Tractor Sales . . . . . . . . . . .13 

NEW KENT COUNTY 

School Board Settles with Estate of Student Killed 

After Exiting Bus 

Maria Carlin, Administratrix of the Estate of Fatima Shana’a v. New Kent 

County School Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 

NEWPORT NEWS CITY 

Parties Reach Settlement for Injuries and Property 

Damage 

Floyd Lee Warren v. George R. Stowe . . . . . . . . . . . . . . . . . . . . . .15 

FAUQUIER COUNTY 

Rear-End Auto Case Settles Prior to Trial 

Tammy L. Thomas v. Jennifer F. Steinberg . . . . . . . . . . . . . . . . . . .9 

NORFOLK CITY 

Plaintiff Fails to Prove Her Case in Auto Dispute 

Niyoka L. Jenkins v. Kenra Speller and Lisa L. Watson . . . . . . . . . .15 

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Former Landlords Ordered to Pay Damages for Lead 

Paint Exposure 

Chauncey E. Freeman v. Stanley W. Stephens and Melvin Wright . . . .16 

Bank Executive Recovers Damages for Wrist Fractured 

in Elevator Fall 

Anonymous Female v. Anonymous Subcontractor . . . . . . . . . . . . . .16 

Permanent Shoulder Injury Claimed Following Motor 

Vehicle Collision 

Bathriene Johnson v. Arthur R. Linen . . . . . . . . . . . . . . . . . . . . .17 

City Agrees to Settle Teenager’s Injury Claims 

Renee D. Wilson, Conservator and Guardian of Travis C. Dalton v. City of 

Norfolk and Theodore Goodman . . . . . . . . . . . . . . . . . . . . . . . . . .18 

ORANGE COUNTY 

Causation of Driver’s Rotator Cuff Injury Contested in 

MVA Case 

Patricia Brown Grimes v. Scott H. Donovan, Administrator of the Estate 

of Dora Jones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 

PRINCE WILLIAM COUNTY 

Defense Verdict on Pedestrian’s Injury Claim Against 

Motorist 

Michelle Lynn Corum v. Teresa Amaya . . . . . . . . . . . . . . . . . . . . .19 

RICHMOND CITY 

UM Carrier to Pay Damages for Accident Injuries 

Brandy Manoley v. John Doe . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 

Additur Increases Motorist’s Award for Auto Accident 

Injuries 

Thomas Lacy, Jr. v. Sherod Hampton . . . . . . . . . . . . . . . . . . . . . .21 

Severity of Injuries Questioned by Defendant in Auto 

Case 

Robin G. Allen v. Joseph H. Philpott . . . . . . . . . . . . . . . . . . . . . .21 

Jury Denies Damages for Alternative Treatments 

Reynolds C. Williams, Jr. v. Katherine Doyle . . . . . . . . . . . . . . . . .22 

COURT 

Pedestrian Hit by Shuttle Awarded Nominal Damages 

Veronica Goins v. Herman Glidewell, et al. . . . . . . . . . . . . . . . . . .22 

Hotel Guest Awarded Damages for Restroom Slip and 

Fall 

Vernon Abel v. Springhill SMC, LLC . . . . . . . . . . . . . . . . . . . . . . .23 

ROANOKE CITY 

Jury Finds Inexperienced Surgeon Caused Patient’s 

Death 

Patricia Donathan and Rose Cumbee, Daughters and Beneficiaries of 

Frances Cumbee v. Bradley Nicholson, M.D. . . . . . . . . . . . . . . . . . .23 

Significant Impact Accident Leads to UM Award for 

Motorist 

James M. Rhodes v. John Doe . . . . . . . . . . . . . . . . . . . . . . . . . . .27 

Former Sheriff’s Deputy Awarded Damages in 

Harassment Case 

Lespia King v. Sheriff George M. McMillian, et al. . . . . . . . . . . . . .27 

SUFFOLK CITY 

Interstate Rear-Ender Results in Defense Verdict 

Lesa Huaff v. Jason Dennis . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 

VIRGINIA BEACH CITY 

INDEX 

Elderly Shopper Pursues Premises Claim Against 

Furniture Store 

Mary Lucy v. Sterling Church Street Furniture Store, Inc. t/a Grand 

Furniture Discount Stores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 

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Albemarle County, VA 

Circuit Court 

Retired Teacher Settles Suit After 

Suffering Brain Damage in 

Collision 

Case Caption: 

Anonymous Female v. Anonymous Motorist 

Settlement: $3,500,000 

Judge: 

HARRIS, ROBERT L. SR. 

Robert L. Harris Sr. 

Settlement Date: 11/13/2007 

Attorneys: 

Plaintiff: 

Defendant: 

GRIFFIN, YVONNE T. 

PHELAN, MICHAEL G. 

WITHHELD 

Yvonne T. Griffin, Charlottesville 

Michael G. Phelan, Richmond 

Withheld 

Facts: A 57 year retired teacher suffered life-altering injuries in 

an automobile accident. Defendant admitted liability for the accident, 

but disputed the proximate cause of plaintiff’s injuries. 

However, the parties agreed to a $3,500,000 settlement prior to 

trial. 

Plaintiff and defendant were involved in an motor vehicle collision 

on October 4, 2006. The collision occurred when defendant, 

who was driving a pickup truck loaded with propane tanks, ran a 

red light and crashed into the vehicle plaintiff was driving. 

Plaintiff alleged defendant was negligent and caused the accident. 

She claimed her femur was fractured as a result of the accident and 

she also suffered a subdural hematoma in her left frontal lobe that 

required an emergency craniectomy. Plaintiff claimed she had to 

have the left quadrant of her skull removed due to brain swelling. 

She also had to wear a helmet for two months until she could have 

cranioplasty. Plaintiff claimed her personality drastically changed 

as a result of the accident. 

Defendant admitted liability for the accident. However, he contended 

that plaintiff’s problems were a result of preexisting intracranial 

hypotension, alcohol and tobacco use, high blood pressure, 

obesity and coronary artery disease. 

Plaintiff Profile: Plaintiff was a 57 year old female who was a 

retired teacher. 

Alleged Injury: Fractured femur and severe brain damage. 

Plaintiff also suffered a subdural hematoma in her left frontal lobe 

and had to have an emergency craniectomy. The left quadrant of 

her skull was removed due to brain swelling and she had to wear 

a helmet for two months until she could have cranioplasty. 

Plaintiff claimed her personality drastically changed and she suffered 

memory problems. She claimed $265,264 in past medicals, 

$30,946 in lost wages, and $86,800 to $193,400 for future lost 

wages. 

Insurance Carrier: 

Expert(s): 

Plaintiff: 

Defendant: 

Zasler, Nathan D., M.D. 

Mihalko, William, M.D. 

Elias, Jeff, M.D. 

Reavis, Sharon L., R.N., M.S. 

Melberg, Peder K., C.R.C. 

N/A 

Case Number: 

CNA 

Nathan D. Zasler, M.D. 

Physiatrist – Richmond, VA 

William Mihalko, M.D. 

Orthopedic Surgeon – Charlottesville, 

VA 

Jeff Elias, M.D. 

Neurosurgeon – Charlottesville, VA 

Sharon L. Reavis, R.N., M.S. 

Life Care Planner – Richmond, VA 

Peder K. Melberg, C.R.C. 

Vocational Rehabilitation – Roanoke, VA 

N/A 

WITHHELD 

Arlington County, VA 

Circuit Court 

Triathlete Who Collided with 

Minivan Settles Injury Claims 

Case Caption: 

Anonymous Male Bicyclist v. Red Top Cab 

Settlement: 

$100,000 policy limits. 

Judge: 

Withheld 




Attorneys: 

Plaintiff: 

Defendant: 

LANDAU, DOUGLAS K.W. 

WITHHELD 

Douglas K.W. Landau, Herndon 

Withheld 

Facts: An action for personal injuries involving a collision 

between a bicycle and a minivan settled for $100,000 in Arlington 

County Circuit Court. 

Plaintiff bicyclist, an accomplished triathlete, was traveling on a 

roadway when he was involved in an accident with one of 

Defendant Red Top Cab’s minivans. Plaintiff and defendant’s 

driver were traveling the same direction. Plaintiff was traveling in 

the designated bike lane. Defendant’s driver attempted to pull into 

a parking space in front of a coffee house and the minivan and the 

bicycle collided. Plaintiff was thrown onto the minivan’s front 

windshield, which shattered. Plaintiff then landed on the ground. 

Editor’s Notes: Per plaintiff’s counsel, the outcome was impacted 

because plaintiff was able to locate several out-of-state eyewitnesses 

who supported his version of how the collision occurred. 

Plaintiff’s counsel also reported that defendant’s driver had a history 

of prior traffic citations that could have supported an aggravated 

liability argument which could have negated some of the 

defenses. Counsel noted that, under Arlington County Code, 

$100,000 was the amount of coverage required for a taxi cab. 

Augusta County, VA 

Circuit Court 

Bipolar Patient’s Death Triggers 

Malpractice Lawsuit 

Plaintiff alleged defendant’s driver was negligent in executing a 

sudden right turn in front of his bicycle in order to enter the parking 

space. Plaintiff maintained that defendant was vicariously 

liable for the actions of its employee driver. Plaintiff asserted that 

he sustained numerous lacerations including significant ones to 

his left elbow and near his left eye which required surgeries as a 

direct result of the collision. Plaintiff maintained he made a good 

recovery from the injuries, but was left with permanent residuals 

that included some permanent scarring and limitations with his 

left arm. 

Defendant contended plaintiff failed to maintain a proper lookout, 

failed to yield and was traveling at an excessive speed. Defendant 

also asserted a sudden emergency defense due to the existence of 

a construction zone in front of the coffee house. However, defendant 

agreed to settle. 

Plaintiff Profile: Plaintiff was a 44 year old married male who 

was a sports agent and a triathlete. 

Alleged Injury: Lacerations to the face, arms, knee and torso and 

nerve damage around the left eye. Plaintiff did not sustain any loss 

of vision. He underwent emergency surgery, including surgical 

removal of glass, and was initially hospitalized for three days. 

Plaintiff subsequently underwent plastic surgery to address scarring. 

Plaintiff claimed some permanent scarring near the left eye 

and on the left elbow, permanent left arm injuries, including 

decreased range of motion and lessened grip strength, and glass 

remaining in his arm. Plaintiff sought $41,500 in past medical specials. 


Case Number: 

Self-insured 

WITHHELD 

Case Caption: 

Carl F. McCloskey, Administator of the Estate of John W. 

McCloskey v. Timothy Kane, M.D. 

Settlement: $450,000 

Judge: 

Thomas H. Wood 

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WOOD, THOMAS H. 


Attorneys: 

Plaintiff: 

Defendant: 

ROGERS, JONATHAN M. 

WITHHELD 

Jonathan M. Rogers, Roanoke 

Withheld 

Facts: The parties to this lawsuit finalized a $450,000 settlement 

of malpractice claims filed against a physician who was working 

at a state psychiatric facility. The lawsuit arose following the death 

of a patient who was brutalized at the facility and who, according 

to plaintiff, did not receive proper medical care from defendant. 

On December 15, 1994, plaintiff’s decedent, John McCloskey, 

was involuntarily committed to Western State Hospital. He was 

suffering from bipolar disorder. On the morning of December 18, 

decedent was found lying on the floor. He was vomiting and complaining 

of severe abdominal pain and constipation. The nurse on 

duty notified Defendant Timothy Kane, M.D., who was the physician 

on duty at the time. Defendant ordered a suppository. At noon 

that day, defendant was informed that decedent’s complaints persisted 

and he had vomited his own feces. Defendant examined 

decedent and ordered an X-ray. After reading the X-ray, defendant 

ordered a soapsuds enema, which reportedly worsened decedent’s 

condition. Later that day, defendant was informed that decedent’s 

condition had not improved. At that time, defendant decided to 

transfer decedent to the University of Virginia Medical Center at 

Charlottesville. The doctors at UVA Medical Center determined


that decedent had massive internal injuries that included a punctured 

colon and lacerated liver. Despite medical treatment provided 

at UVA Medical Center, decedent died 14 months later on 

February 24, 1996. During that time, he was in and out of consciousness 

and was never able to tell anyone what happened to 

him, but it was believed that decedent had experienced a violent 

rectal assault. 

Plaintiff filed a federal lawsuit against Western State and 

Defendant Kane, in which it was alleged that decedent was 

assaulted while in Western State’s care and Western State failed to 

provide adequate protection for him. Western State denied any liability, 

but agreed to settle the matter for $50,000. Defendant Kane 

was dismissed from the federal suit, but plaintiff subsequently 

filed a medical malpractice claim against Defendant Kane in state 

court. 

Plaintiff alleged defendant improperly ordered a suppository 

without first examining decedent. Also, plaintiff asserted that 

defendant should have had a radiologist interpret the X-ray. 

According to plaintiff, defendant failed to notice that the X-ray 

showed the presence of free air in decedent’s abdominal cavity, 

which would have alerted defendant to a possible rectal assault. As 

a result, defendant made decedent’s condition worse by ordering 

an enema. 

Defendant denied liability and maintained that he provided standard 

of care treatment. In 2003, the state court judge dismissed 

this suit after determining that defendant was a state employee 

and, therefore, he was entitled to immunity. However, the Virginia 

Supreme Court overturned that decision and remanded the case 

for trial. 

Plaintiff Profile: Plaintiff’s decedent was an 18 year old male at 

the time of his death. 

Alleged Injury: Internal injuries that included a ruptured colon, 

lacerated liver and torn intestines, resulting in an overwhelming 

infection and death 14 months later. Decedent was survived by his 

parents. 

Case Number: 

CL01000157-00 

Chesapeake City, VA 

Circuit Court 

City Agrees to Settle Former 

Inspector’s Termination Claim 

Case Caption: 

Carl Hall v. City of Chesapeake 


Judge: 

N/A 


Attorneys: 

Plaintiff: 

Defendant: 

JOYNES, II, LOUIS N. “MIKE” 

HALLMAN, RONALD S. 

Louis N. “Mike” Joynes, II, Virginia 

Beach 

Ronald S. Hallman, Chesapeake 

Facts: A former employee of defendant settled claims against his 

employer for $25,000 prior to trial. The original lawsuit was filed 

in 2002 and included allegations against a deputy city manager 

and then-interim city manager, which were dismissed. 

Plaintiff Carl Hall was the director of inspections for nearly 26 

years for Defendant City of Chesapeake. In 2002, he was terminated. 

Plaintiff alleged defendant dismissed him from his job as the 

city’s top inspector because he refused to partake in favors related 

to code inspections for seniors. Plaintiff also claimed he was 

unlawfully removed without a formal hearing as provided by 

Virginia state law. 

Defendant disputed plaintiff’s allegations and contended that 

plaintiff was fired in 2002 because of sexual harassment accusations 

that included improper remarks to a female colleague. 

Plaintiff Profile: Plaintiff was a male in his 50’s employed as a 

director of building code inspections. 

Alleged Injury: Wrongful termination, which was retaliatory in 

nature. 

Case Number: 

CL02000704-00 


Danville City, VA 

Circuit Court 


ankle were normal. Plaintiff was diagnosed with a muscle strain 

and a partial tear of his right Achilles tendon. He claimed $27,948 

in past medicals. 

Defendant Prevails in Lawsuit Filed 

by Injured Pedestrian 

Case Caption: 

Ricky Gene Fugate v. Scott Ray Berkley 

Jury Deliberations: 


Expert(s): 

Plaintiff: 

2 hours 

VML Insurance Programs 

Jonathan Krome, M.D. 

Orthopedist – Danville, VA 

Verdict: 

Judge: 

MILAM, JOSEPH 

Defense verdict 

Joseph Milam 

Date of Verdict: 12/13/2007 

Attorneys: 

Plaintiff: 

Defendant: 

MORRISON JR., ROBERT L. 

SAUNDERS, M. BRENT 

MEDLEY, MARTHA WHITE 

Robert L. Morrison Jr., Danville 

M. Brent Saunders, Danville 

Martha White Medley, Danville 

Facts: A man who was pinned between a trailer and a vehicle 

sued the operator of the trailer for injuries sustained in the incident. 

The defendant maintained that the plaintiff was responsible 

for his own injuries. The matter was presented to a Danville jury, 

who returned a defense verdict. 

Plaintiff Ricky Gene Fugate was employed as a corrections officer 

at the Danville Adult Detention Center. Plaintiff was in the 

Center’s parking lot on July 19, 2004. He asked Defendant Scott 

Ray Berkley to assist him with transporting his personal scooter 

onto a city-owned trailer. Defendant put the vehicle in reverse and 

struck plaintiff, pinning him between the trailer and plaintiff’s personal 

vehicle. 

Plaintiff alleged defendant was negligent in failing to keep a proper 

lookout and caused him to suffer knee and ankle injuries. 

Defendant contended that plaintiff contributed to the accident 

and/or assumed the risk of injury. Specifically, defendant asserted 

that plaintiff told him to back up the trailer, stood at the back of his 

vehicle and guided the defendant backward. Defendant maintained 

that plaintiff then moved between his vehicle and the trailer 

while it was still moving. 

Defendant: 

Krome, Jonathan, M.D. 

Widmeyer, Robert S., M.D. 

Case Number: 

Robert S. Widmeyer, M.D. 

Orthopedist – Roanoke, VA 

CL06000429-00 

Editor’s Notes: Per defense counsel Sanders, the jury rejected 

plaintiff’s version of events and accepted defendant’s testimony 

regarding how the accident occurred. Counsel also said plaintiff 

consented to granting a Motion in Limine to exclude evidence of 

lost wages from trial. 

Fairfax County, VA 

Circuit Court 

Lane Change Triggers Multiple 

Vehicle Auto Accident 

Case Caption: 

Donghyum Kim v. Harry Guach and Marley Carter 

Verdict: $5,000 

Judge: 

MACKAY, KATHLEEN H. 


Attorneys: 

Plaintiff: 

Kathleen H. MacKay 

Alan Rosenblum, Alexandria 

David Rosenblum, Alexandria 

Eric N. Schloss, Baltimore 

Plaintiff Profile: Plaintiff was a 46 year old male employed as a 

corrections officer. 

Alleged Injury: Injuries to the left knee, right knee and right 

ankle. X-rays were taken at the emergency room that showed 

degenerative changes to the right knee. Plaintiff’s left knee and 

Defendant: 

ROSENBLUM, ALAN 

ROSENBLUM, DAVID 

SCHLOSS, ERIC N. 

SYLVESTER, ERIN L. 

BARDOT, HEATHER K. 

GOLDMAN, JAY R. 

Erin L. Sylvester, Fairfax 

Heather K. Bardot, Fairfax 

Jay R. Goldman, Washington 

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Facts: A motorist was awarded $5,000 for injuries sustained in a 

collision with defendant, who changed lanes and attempted to 

cross three lanes of traffic. The result was a multiple vehicle chain 

reaction pileup. Defendant Harry Guach was the only remaining 

defendant at trial. 

In March 2005, Plaintiff Donghyun Kim was driving south on 

Route 28. He stopped his vehicle behind Rina Alberstein in the far 

left lane at a stop light. Michael Sobhi was in the lane to the right 

of plaintiff and Defendant Marley Carter was behind Sobhi’s vehicle. 

Defendant Harry Guach was in the lane next to Sobhi and 

beside Carter. Defendants Guach and Carter switched lanes. 

Plaintiff maintained that Defendant Guach collided with Sobhi’s 

vehicle and Sobhi crashed into plaintiff’s vehicle. Plaintiff’s auto 

then collided with Alberstein’s vehicle. 

Plaintiff alleged Defendants Guach and Carter were negligent 

because they switched lanes when it was not safe to do so, failed 

to keep a proper lookout, and failed to keep their vehicles under 

control. Plaintiff asserted that Defendant Carter may have hit 

Defendant Guach first but, either way, Guach’s car was the first 

known to set off the chain reaction. 

Defendant Guach denied the allegations and filed a crossclaim 

alleging that Defendant Carter was negligent and her actions were 

the proximate cause of the multiple vehicle accident. Defendant 

Guach asked that he be indemnified for damages should he be 

found negligent. At the time of trial, Defendant Guach was the 

sole remaining defendant and he admitted liability, leaving the 

jury only to determine damages. 

Plaintiff Profile: Plaintiff was a male in his 30’s. 

Alleged Injury: Soft tissue neck injury. Plaintiff sought $25,000 

in damages as he claimed he endured great pain of the body and 

mind, inability to transact business, permanent disability and 

deformity, lost wages, diminished earning capacity, and medical 

specials. 


Case Number: 

Mid Century 

CL-2006-0010678 

Editor’s Notes: Information for this summary was obtained 

from another published source. 


Circuit Court 

Reason for Loss of College 

Scholarship Disputed in Auto Case 

Case Caption: 

Jane Min v. Vijay Paradkar 

Verdict: 

Judge: 

VIEREGG, ARTHUR B. JR. 


Attorneys: 

Plaintiff: 

Defendant: 

MARKS, DAVID L. 

STERENBERG, SOLOMON M. 

$13,000 for medical expenses and pain 

and suffering. 

Arthur B. Vieregg Jr. 

David L. Marks, Fairfax 

Solomon M. Sterenberg, Greenbelt 

Facts: A 17 year old girl claimed she lost a college scholarship as 

a result of injuries sustained in an automobile accident with defendant. 

However, defendant claimed the plaintiff had plenty of time 

to recover from her injuries and could have gone to college as she 

desired. A Fairfax County jury awarded plaintiff $13,000 after 

deliberating 35 minutes. 

In late winter or early spring of 2005, Defendant Vijay Paradkar 

entered an intersection on a yellow light. He was involved in a T- 

bone collision with a vehicle driven by Plaintiff Jane Min, who 

entered the same intersection from an intersecting street. The accident 

occurred around 2:00 a.m. There were no issues with visibility 

or weather that would have contributed to the accident. 

Plaintiff alleged defendant was negligent in failing to yield the 

right-of-way and keep a proper lookout. She claimed she sustained 

soft tissue injuries of the neck and back as a result of the accident. 

Plaintiff treated with a chiropractor and underwent physical therapy 

for approximately 2.5 months after the accident. She claimed 

she would need periodic additional treatments to relieve anticipated 

pain and discomfort. Plaintiff also asserted that declined a college 

scholarship due to her injuries. 

Defendant admitted liability, but contended that the loss of the 

scholarship was not related to this automobile collision. Defendant 

argued that plaintiff’s injuries were not severe enough to prevent 

her from attending college or accepting the scholarship and she 

had more than adequate time for recuperation. 



Plaintiff Profile: Plaintiff was a 17 year old female. 

Alleged Injury: Soft tissue injuries of the neck and back. Plaintiff 

treated with a chiropractor and underwent physical therapy for 

approximately 2.5 months after the accident. Plaintiff claimed she 

would have to periodically go for additional treatments to relieve 

anticipated pain and discomfort. Plaintiff also alleged that, 

because of her injuries, she had to decline an ROTC scholarship 

that would have allowed her to attend UCLA. She claimed $4,250 

in medical specials. 


Settlement Efforts: 


Case Number: 

35 minutes 

Last Demand: N/A 

Last Offer: $10,000 

Progressive 

CL-2006-0009331 

Editor’s Notes: Per defendant’s counsel, evidence was presented 

that plaintiff had accepted the scholarship, but there was no evidence 

documented that she had declined the scholarship. 


Circuit Court 

Shoulder Injury Leads to Monetary 

Award for Motorist 

Case Caption: 

Adam T. Frank v. Oscar Manuel Ojeda Munzo and E.L. Kellogg 

Corporation 

Verdict: 

Judge: 

BELLOWS, RANDY I. 

$27,312 plus $12,096 interest for a total 

of $39,408. 

Randy I. Bellows 


Attorneys: 

Plaintiff: 

Defendant: 

BLANK, IRVING M. 

MARKS IV, WIRT P. 

Irving M. Blank, Richmond 

Wirt P. Marks IV, Richmond 

Facts: A motorist was injured in a rear-end accident for which 

defendants admitted liability, but disputed damages. A Fairfax 

County jury awarded plaintiff $27,312 in damages. 

In May 2005, Plaintiff Adam Frank was traveling east on 

Evergreen Mills Road. Defendant Oscar Munzo, who was traveling 

on the same road and in the same direction as plaintiff, rearended 

plaintiff’s vehicle. Defendant Munzo was operating his 

vehicle in the course and scope of his employment with Defendant 

E.L. Kellogg Corporation. 

Plaintiff alleged defendant driver was negligent in failing to maintain 

an assured clear distance ahead and keep a proper lookout. 

Plaintiff also claimed Defendant Kellogg was vicariously liable 

for Defendant Munzo’s actions under the doctrine of respondeat 

superior. Plaintiff claimed he suffered a shoulder injury as a direct 

result of the accident. 

Defendants admitted liability, but disputed the extent of plaintiff’s 

injuries. 

Plaintiff Profile: Plaintiff was a 30 year old white male. 

Alleged Injury: Torn anterior labrum with impingement syndrome 

in the right shoulder. Plaintiff claimed $100,000 for injury, 

pain and suffering, mental anguish, loss of ability to transact business, 

and past and future medical expenses. 

Expert(s): 

Plaintiff: 

Defendant: 

Gardiner, James St. Clair, M.D. 

Debs, Anthony, M.D. 

Case Number: 

James St. Clair Gardiner, M.D. 

Orthopedist – Potomac, MD 

Anthony Debs, M.D. 

Orthopedist – Manassas, VA 

CL-2006-13202 


from another published source. Per plaintiff’s counsel, the case is 

on appeal in the Supreme Court. 

Fauquier County, VA 

Circuit Court 

Rear-End Auto Case Settles Prior to 

Trial 

Case Caption: 

Tammy L. Thomas v. Jennifer F. Steinberg 


Judge: 

N/A 




Attorneys: 

Plaintiff: 

John D. Primeau, Manassas 

Attorneys: 

Plaintiff: 

Defendant: 

HARRIS, JOHN P. 

PARRISH, JENNIFER LEE 

John P. Harris, Fredricksburg 

Jennifer Lee Parrish, Fredericksburg 

Defendant: 

PRIMEAU, JOHN D. 

GOLDMAN, JAY R. 

Jay R. Goldman, Fairfax 

Facts: A motorist claiming injuries following a rear-end crash 

accepted an $11,099 pretrial settlement from defendant. 

Plaintiff Tammy L. Thomas and Defendant Jennifer F. Steinberg 

were operating their respective vehicles on the same road and in 

the same direction. Plaintiff was rear-ended by defendant’s vehicle. 

Plaintiff alleged defendant failed to keep a proper lookout and 

maintain an assured clear distance ahead. Plaintiff claimed she 

sustained soft tissue neck and back injuries as a direct result of this 

accident. 

Defendant disputed the extent of plaintiff’s injuries. 

Plaintiff Profile: Plaintiff was a 30 year old single female 

employed by the U.S. Postal Service. 

Alleged Injury: Soft tissue neck and back injuries. Plaintiff 

claimed $6,000 in past medicals and approximately $1,000 in past 

lost wages. 


Allstate 

Facts: The proximate cause and extent of plaintiff’s alleged 

injuries were disputed following this automobile accident. 

Defendant admitted liability. A Fredericksburg jury awarded 

plaintiff $150,000 after deliberating 1 hour. 

Plaintiff Gwendolyn Wood was driving her PT Cruiser when she 

stopped for a red light at an intersection. While stopped, her car 

was rear-ended by a van driven by Defendant Layne Spence, an 

employee of Air Tech Solutions, Inc. Plaintiff’s vehicle sustained 

$3,500 in property damage. Air Tech was originally named as a 

defendant, but was dismissed from the lawsuit one month before 

trial. 

Plaintiff alleged defendant driver was solely responsible for the 

accident by failing to stop in time. She claimed the impact was 

forceful enough to cause significant damage to her vehicle and 

aggravation of a preexisting degenerative neck and back condition. 

She claimed lingering pain to the date of trial. 

Defendant admitted liability for the accident. However, he argued 

there was no visible damage to the company vehicle and this accident 

could not have caused the type of injury plaintiff claimed. 

Defendant conceded that $6,000 of plaintiff’s medicals may have 

been related to this accident, but her other complaints and treatment 

were related to preexisting conditions, not this accident. 

Case Number: 

CL05000154-00 

Plaintiff Profile: Plaintiff was a 56 year old married female who 

was unemployed. 

Fredericksburg City, VA 

Circuit Court 

Rear-End Collision Garners Large 

Award for Plaintiff 

Case Caption: 

Gwendolyn J. Wood v. Layne Spence 

Alleged Injury: Aggravation of a preexisting cervical and lumbar 

conditions. Plaintiff required orthopedic, chiropractic and physical 

therapy treatment. She claimed lingering pain to the date of trial. 

Plaintiff sought $125,000 in medicals and an unspecified amount 

of damages for pain and suffering. It was unknown if she required 

surgery. 



Last Demand: $150,000 (per plaintiff’s 

counsel); $500,000 (per defense counsel) 


Erie 

Verdict: $150,000 

Judge: 

SCOTT, JOHN W. 

John W. Scott 


Expert(s): 

Plaintiff: 

Defendant: 

N/A 

O’Brien, Michael B., M.D. 

Case Number: 

N/A 

Michael B. O’Brien, M.D. 

Orthopedist – Fredericksburg, VA 

CL-06000328-00 



Fredericksburg City, VA 

Circuit Court 

Jury Rejects Amputee’s Medical 

Malpractice Claim 

Case Caption: 

Anonymous Female v. Anonymous Physician 

Plaintiff alleged medical malpractice by defendant. Plaintiff 

claimed she had blisters on her ankle at the time defendant initially 

examined her and defendant ignored her concerns about the 

blisters and failed to explain their significance. Plaintiff maintained 

that defendant was negligent in failing to schedule an 

urgent referral to an orthopedist, prescribe wound care, diagnose 

and treat the infection, and provide appropriate patient education 

about the dangers associated with pressure ulcers. 

Defendant contended she met the standard of care. Defendant 

asserted that plaintiff, nor her primary caregiver, ever informed 

defendant that pressure ulcers had developed. Defendant further 

claimed plaintiff had a history of non-compliance with past medical 

treatments and she did not comply with defendant’s medical 

advice. Defendant asserted that plaintiff’s ulcers occurred well 

after she examined plaintiff’s ankle. 

Verdict: 


Plaintiff Profile: Plaintiff was a female in her late 80’s. 

Judge: 

SCOTT, JOHN W. 

John W. Scott 


Alleged Injury: Sprained ankle which developed a pressure ulcer 

that became infected, leading to an above-the-knee amputation of 

leg. Plaintiff claimed $64,737 in medical specials. 

Attorneys: 

Plaintiff: 

Defendant: 

WITHHELD 

MIELKE, JOAN M. 

Withheld 

Joan M. Mielke, Glen Allen 


50 minutes 

Settlement Efforts: Last Demand: $1,650,000 

Last Offer: None 

Facts: An elderly woman whose twisted ankle resulted in an 

amputation of her leg alleged medical malpractice by defendant 

physician. Defendant denied liability and contended plaintiff was 

not compliant with the treatment recommended. A Fredericksburg 

jury returned a defense verdict after deliberating 50 minutes. 

Plaintiff, a female in her 80’s, fell and twisted her ankle. She presented 

to the emergency room for treatment. Her ankle was X- 

rayed and she was told it was sprained. Plaintiff was to see an 

orthopedist within five days. She was also told to return to the 

emergency room should her problems persist. Plaintiff did neither. 

After two weeks, plaintiff presented to defendant physician, who 

was a family practice doctor. Plaintiff complained that her ankle 

was still painful and swollen. Defendant completed a comprehensive 

assessment of plaintiff’s injury and ordered another X-ray. 

Defendant gave plaintiff an orthopedic referral and a referral to a 

physiatrist. Her ankle was then wrapped with a bandage and she 

was told to utilize rest, ice, compression and elevation therapy. 

Defendant allegedly told plaintiff to make the appointments that 

she had recommended before plaintiff left her office that day. 

Plaintiff did not. Three weeks later, plaintiff presented to an orthopedist, 

but had already developed full thickness pressure ulcers 

around her lower leg. Wound care therapy was ordered but, five 

weeks later, plaintiff required an above-the-knee amputation of 

her leg. 

Case Number: 

WITHHELD 

Hampton City, VA 

Circuit Court 

Pregnant Motorist Claims Ongoing 

Back Pain Following Accident 

Case Caption: 

Misty Benton v. Daniel C. Davison 


Judge: 

N/A 


Attorneys: 

Plaintiff: 

Defendant: 

BROADWELL, W. MARK 

DUVALL, RANDOLPH C. 

W. Mark Broadwell, Hampton 

Randolph C. Duvall, Norfolk 

Facts: A back injury allegedly sustained by a pregnant motorist 

in a rear-end motor vehicle accident triggered a dispute over causation. 

Despite the dispute, the parties agreed to a $125,000 pretrial 

settlement. 



Plaintiff Misty Benton and Defendant Daniel C. Davison were 

operating their vehicles in the same direction. At a traffic light, 

defendant rear-ended plaintiff’s car. There was significant property 

damage to plaintiff’s car. Plaintiff was 14 weeks pregnant at the 

time of the crash. The child was subsequently born healthy. 

Defendant admitted liability for the accident. 

Plaintiff alleged she sustained a low back injury as a result of the 

accident and she was continuing to receive treatment, including 

epidural steroid injections, for the pain. Plaintiff acknowledged a 

gap in treatment while she was pregnant. 

Defendant contended plaintiff’s low back injury was a preexisting 

condition and was not related to trauma from the auto accident. 

Plaintiff Profile: Plaintiff was a 29 year old married white female. 

Alleged Injury: Soft tissue low back injury. Plaintiff was 14 

weeks pregnant at the time of the accident and underwent an ultrasound 

to check for fetal harm. The child was subsequently born 

healthy. However, plaintiff claimed ongoing treatment for her 

back injury and was receiving one to two epidural steroid injections 

per year for an indefinite period of time. 

Expert(s): 

Plaintiff: 

Defendant: 

Newman, Mark W., M.D. 

N/A 

Case Number: 

Mark W. Newman, M.D. 

Anesthesiologist/Pain Management – 

Williamsburg, VA 

N/A 

CL05000401-00 

Editor’s Notes: Per plaintiff’s counsel, the pain management 

specialist’s opinion regarding the necessity of future treatment 

affected the outcome of this case. 

Hopewell City, VA 

Circuit Court 

Jury Award for Motorist with 

Preexisting Injuries 

Judge: 

SHARRETT, W. ALLAN 

W. Allan Sharrett 


Attorneys: 

Plaintiff: 

Defendant: 

HUX, PAUL D. 

WITHHELD 

Paul D. Hux, Petersburg City 

Withheld 

Facts: A 73 year old man injured in a motor vehicle collision 

brought suit for medical bills and pain and suffering. Defendant 

maintained that plaintiff’s injuries were preexisting. A Hopewell 

jury awarded plaintiff $50,000 in damages. 

Plaintiff Buddy Lipes was involved in a motor vehicle accident 

with Defendant Jessica Matthews in April 2004. Defendant’s vehicle 

collided with plaintiff’s vehicle after defendant failed to yield 

the right-of-way. Defendant admitted liability and the jury only 

determined damages. 

Plaintiff alleged he was in good health before the accident. 

Plaintiff claimed he suffered neck pain and had to undergo physical 

therapy and injection for the pain. He claimed a preexisting 

degenerative arthritic condition in his neck was aggravated in the 

accident. Plaintiff asserted that he was not able to be active due to 

his injuries. 

Defendant admitted liability for the accident, but contended that 

plaintiff’s pain was from arthritis and preexisting medical conditions. 

Plaintiff Profile: Plaintiff was a 73 year old male. 

Alleged Injury: Soft tissue injury to the neck and aggravation of 

a preexisting arthritic neck condition. Plaintiff claimed $19,646 in 

medicals. He claimed he could not remain active as a result of the 

injury. 

Settlement Efforts: Last Demand: $47,500 



Expert(s): 

Plaintiff: 

Defendant: 

Whipple, Terry L., M.D. 

N/A 

Allstate 

Terry L. Whipple, M.D. 

Orthopedist – Richmond, VA 

N/A 

Case Caption: 

Buddy Lipes v. Jessica Mathews 


Case Number: 

CL06-73 



Loudoun County, VA 

Circuit Court 

Passenger Awarded Damages for 

Rear-End Collision 

Case Caption: 

Elliot Blanton v. David Ramonet 

Verdict: 

Judge: 

MCCAHILL, BURKE F. 


Attorneys: 

Plaintiff: 

Defendant: 

SCHEWE, CHRISTOPHER P. 

COCHRAN, JANET W. 

$175,000. Defendant Ramonet’s 

insurance carrier, GEICO, paid $50,000 

and Plaintiff Blanton’s underinsured 

carrier, State Farm, paid the remaining 

$125,000. 

Burke F. McCahill 

Christopher P. Schewe, Alexandria 

Janet W. Cochran, Fairfax 

Facts: A vehicle passenger claimed permanent injuries from a 

rear-end collision. Defendant admitted liability, but disputed the 

proximate cause of plaintiff’s injuries. Plaintiff was awarded 

$175,000 from a Loudoun County jury after 3 hours of deliberation. 

Plaintiff Elliot Blanton was riding in the back seat of a vehicle 

that was rear-ended by Defendant David Ramonet. Plaintiff was 

squeezed between the front and back seat as a result of the crash. 

Property damage to plaintiff’s vehicle was significant and the 

insurance carrier totaled the vehicle. Defendant was allegedly 

intoxicated, but he admitted liability and the jury was not made 

aware of his alleged intoxication. 

Plaintiff alleged defendant was negligent in failing to maintain an 

assured clear distance ahead and keep a proper lookout. Plaintiff’s 

chiropractor and pain management specialist testified by video 

and they both concurred that plaintiff’s injuries were permanent. 

Plaintiff admitted that her chiropractor treated her three days prior 

to the accident for an unrelated issue. Plaintiff explained that she 

ran in an Army marathon 11 days prior to the accident and went to 

see her doctor for sports-related therapy. Plaintiff also admitted 

that she was in another collision one year prior to this accident, but 

she had totally recovered from the earlier crash. Plaintiff’s husband 

testified that plaintiff was forced to make lifestyle changes 

after this collision. 

Defendant admitted liability, but denied causation. Defendant’s 

independent medical examiner testified by video that plaintiff was 

suffering from preexisting degenerative disc disease. Defendant 

noted that plaintiff presented for chiropractic treatment for her 

back three days prior to the accident. 

Plaintiff Profile: Plaintiff was a 35 year old married female 

employed as a social worker. 

Alleged Injury: Soft tissue injuries of the cervical and upper thoracic 

regions, which caused permanent ligament damage. Plaintiff 

received prolotherapy (injections into the back to create scar tissue 

to strengthen the area). Plaintiff incurred $40,000 in medical 

specials. 


3 hours 




Expert(s): 

Plaintiff: 

Defendant: 

Moseley, Anna, D.C. 

Wagoner, Robert, M.D. 

Gordon, Ian, M.D. 

Case Number: 

GEICO (Liability); State Farm (UIM) 

Anna Moseley, D.C. 

Chiropractor – Stamford, CT 

Robert Wagoner, M.D. 

Pain Management Specialist – Stamford, 

CT 

Ian Gordon, M.D. 

Orthopedic Surgeon – Stamford, CT 

CL00042095-00 

Louisa County, VA 

Circuit Court 

Lumber Worker Receives Default 

Judgment for Injuries 

Case Caption: 

Troy Epps v. Bruce Stanley and Stanley Tractor Sales 

Verdict: 

Judge: 

SKINNER, TIMOTHY K. 

Date of Verdict: 10/2007 

$5,000,000 default judgment. 

Timothy K. Skinner 



Attorneys: 

Plaintiff: 

Defendant: 

SHEA, JOHN C. 

NONE 

John C. Shea, Richmond 

None 

New Kent County, VA 

Circuit Court 

Facts: A man who was seriously injured when a log fell on him 

at a lumber yard alleged negligence by defendant trucker for 

releasing the log off the truck before he was clear. Defendants did 

not appear at trial and a $5,000,000 default judgment was entered. 

Plaintiff Troy Epps was working at the August Lumber Yard 

unloading logs from a logging truck. The truck was owned and 

operated by Defendant Bruce Stanley, owner of Defendant Stanley 

Tractor Sales. Defendant Stanley reportedly released the chains 

holding the logs on the truck before plaintiff was clear. As a result, 

a large log fell on plaintiff and seriously injured him. 

Plaintiff alleged Defendant Stanley was negligent in failing to 

make sure he was out of the way before releasing the logs. 

Plaintiff suffered numerous injuries requiring several surgeries 

and resulting in severe pain and an abnormal gait. 

Defendants did not appear for trial. 

Plaintiff Profile: Plaintiff was a married white male in his mid 

30’s employed as a logger at a lumber yard. 

Alleged Injury: Pelvic fracture, multiple thoracic spinous process 

fractures from T3-T8, C3-C8 spinous process fractures and right 

rib fracture. Plaintiff also suffered a liver laceration, right ear avulsion, 

urethral disruptions, bladder rupture, renal artery laceration, 

right vertebral artery dissection, brachial plexus injury and a right 

pneumothorax. Plaintiff’s central line became infected on culture 

with Acinetobacter and he developed a decubitus ulcer, reactive 

thrombocytosis and a suprapubic catheter infection. He also had 

bladder spasms, membranous urethral structure damage, neuropathic 

pain in the left leg due to a lumbosacral plexus stretch 

injury, a neck strain, herniated disc and synovial cyst at L5-S1 and 

L4-L5. Plaintiff claimed low back pain, lower extremity pain and 

had an abnormal gait. He claimed $319,611 in past medicals. 

School Board Settles with Estate of 

Student Killed After Exiting Bus 

Case Caption: 

Maria Carlin, Administratrix of the Estate of Fatima Shana’a v. 

New Kent County School Board 


Judge: 

N/A 

Settlement Date: 4/2007 

Attorneys: 

Plaintiff: 

Defendant: 

CANTOR, IRVIN V. 

BUCKNER, ELLIOTT M. 

WITHHELD 

Irvin V. Cantor, Richmond 

Elliott M. Buckner, Richmond 

Withheld 

Facts: The estate of a student who was killed after getting off her 

school bus pursued a negligence claim against the school district. 

Just a few days before trial was to begin, the parties agreed to a 

$1,300,000 settlement. 

Plaintiff’s decedent, Fatima Shana’a, was a 14 year old female. 

On January 2, 2006, she exited a school bus and attempted to cross 

the street. She was struck by a mirror on a passing vehicle and fell 

into the street. She was then run over by a second vehicle. Plaintiff 

Maria Carlin, as administratrix of the decedent’s estate, pursued 

this claim against Defendant New Kent County School Board. 

Plaintiff alleged that the bus driver failed to activate the flashing 

warning lights on the bus until just before decedent was struck by 

the second vehicle. 

Expert(s): 

Plaintiff: 

Jeffery S. Young, M.D. 

Surgeon – Keswick, VA 

David M. Kahler, M.D. 

Orthopedic Surgeon – Earlysville, VA 

Jed S. Vanichkachorn, M.D. 

Orthopedist – Richmond, VA 

Defendant denied liability, but ultimately agreed to settle this case 

following two failed mediations. 

Plaintiff Profile: Plaintiff’s decedent was a 14 year old female. 

Alleged Injury: Blunt force trauma resulting in death. Decedent 

was survived by her aunt and uncle. 


Utica 

Defendant: 

Young, Jeffery S., M.D. 

Kahler, David M., M.D. 

Vanichkachorn, Jed S., M.D. 

None 

None 

Case Number: 

UNKNOWN 

Case Number: CL06-17 



Newport News City, VA 

property damage and an unspecified amount for pain and suffering. 

Circuit Court 

Parties Reach Settlement for 

Injuries and Property Damage 

Case Caption: 

Floyd Lee Warren v. George R. Stowe 


Expert(s): 

Plaintiff: 

Defendant: 

None 

None 

Case Number: 

Allstate 

None 

None 

CL0601370T-01 


Judge: 

N/A 


Norfolk City, VA 

Circuit Court 

Attorneys: 

Plaintiff: 

Defendant: 

WHITLOW, SCOTT V. 

HEDRICK, CHRISTOPHER R. 

Scott V. Whitlow, Norfolk 

Christopher R. Hedrick, Newport News 

Plaintiff Fails to Prove Her Case in 

Auto Dispute 

Facts: An $8,000 settlement was reached for injuries plaintiff 

claimed he sustained in a sideswipe automobile accident. The parties 

agreed to settle, but defendant disputed the proximate cause of 

the injuries. The settlement also included reimbursement for property 

damage to plaintiff’s vehicle. 

Plaintiff Floyd Lee Warren drove his vehicle out of a parking lot 

onto the through lane of travel in a commercial area. He claimed 

he was established in his lane of travel when Defendant George 

Stowe exited a McDonald’s Restaurant, crossed over the intersection 

from the right turn only lane and sideswiped plaintiff’s vehicle. 

Plaintiff alleged defendant failed to yield the right-of-way and 

keep a proper lookout. He claimed he sustained soft tissue neck 

and back injuries and acknowledged he recovered after a period of 

time. 

Defendant contended that plaintiff was contributorily negligent 

for exiting onto the roadway from a parking lot without properly 

observing the situation. Defendant also argued that plaintiff was 

not established in his lane of travel at the time of the accident. 

Defendant further argued that plaintiff’s injuries were preexisting 

and he was referred for treatment by his attorney. 

Plaintiff Profile: Plaintiff was a 75 year old widowed male who 

was retired. 

Alleged Injury: Soft tissue cervical and lumbar injuries which 

required physical therapy. Plaintiff recovered from his injuries 

after a period of time. He sought $4,800 in medicals, $1,800 for 

Case Caption: 

Niyoka L. Jenkins v. Kenra Speller and Lisa L. Watson 

Verdict: 

Judge: 

POSTON, CHARLES EVANS 



Attorneys: 

Plaintiff: 

Defendant: 

STANLEY, LOWELL A. 

LISOWSKI, GARY H. 

FRANKLIN III, JOHN 

GAYNOR, TODD M. 

Charles Evans Poston 

Lowell A. Stanley, Norfolk 

Gary H. Lisowski, Norfolk 

John Franklin III, Norfolk 

Todd M. Gaynor, Norfolk 

Facts: A woman whose vehicle was hit by two other automobiles 

sought $15,000 in damages for soft tissue injuries she alleged as a 

result of the accident. Defendants denied liability and causation. A 

Norfolk City jury returned a defense verdict. 

In December 2005, Plaintiff Niyoka L. Jenkins was at the intersection 

of Colley Avenue and 26th Street in Norfolk. Her car was 

hit by two separate vehicles driven by Defendants Kendra Speller 

and Lisa Watson. Plaintiff initially filed her lawsuit in District 

Court, but Defendant Speller filed a motion to have the case transferred 

to Circuit Court and the request was approved. 

Plaintiff alleged both defendants were negligent and the accident 

was the proximate cause of her soft tissue neck and back injuries. 



She claimed defendants failed to yield the right-of-way, drive at a 

safe speed and keep a proper lookout. 

Defendants denied the allegations as set forth in plaintiff’s complaint. 


Alleged Injury: Soft tissue neck and back injuries. 

Case Number: 

CL06-5484 


Circuit Court 

Former Landlords Ordered to Pay 

Damages for Lead Paint Exposure 

Case Caption: 

Chauncey E. Freeman v. Stanley W. Stephens and Melvin Wright 

Verdict: $1,500,000 

Judge: 

MORRISON, JOHN C. JR. 

John C. Morrison Jr. 


Attorneys: 

Plaintiff: 

Defendant: 

SERPE, RICHARD J. 

GILBERT, OSCAR L. “BUZZ” 

WITHHELD 

Richard J. Serpe, Norfolk 

Oscar L. “Buzz” Gilbert, Norfolk 

Withheld 

Facts: A landlord was ordered to pay a former tenant $1,500,000 

in damages from a lead poisoning claim two decades after the 

exposure that allegedly resulted in brain damage. Defendants 

argued that they had been diligent about the upkeep of the property 

and knew nothing of the lead poisoning until almost 20 years 

after plaintiff’s exposure. Defendants had not removed or repainted 

the area where lead-based paint was found. 

Plaintiff Chauncey E. Freeman was 2 years old when he was 

allegedly first exposed to lead-based paint in the duplex his parents 

rented. The porch of the duplex reportedly flaked lead-based 

paint. Diagnostic tests showed a high level of lead in his blood. 

Defendants Stanley Stephens and Melvin Wright were retired 

Navy Chief Petty Officers when they purchased the property and 

had owned the property for less than a year when plaintiff was 

exposed. 

Plaintiff alleged he was brain damaged as a result of lead-based 

paint poisoning. He claimed he was exposed to the lead-based 

paint at 2 years of age while living with his parents in a duplex 

they rented from defendants. Plaintiff was diagnosed with ADHD 

and a severe reading disability while attending school. In preparation 

for litigation, plaintiff participated in physical examinations 

that revealed his verbal range was also severely impaired. 

Defendants denied negligence and contended they had owned the 

property for less than one year at the time of plaintiff’s exposure. 

They argued they were not given proper notice of the problem 

until they were served with the lawsuit. 

Plaintiff Profile: Plaintiff was a 2 year old male. 

Alleged Injury: Exposure to lead paint resulting in brain damage. 

Plaintiff suffered permanent cognitive deficits such as ADHD, 

severe reading impairment and verbal range impairment. 


Case Number: 

Allstate 

CL05-885 

Editor’s Notes: Per other published sources, plaintiff’s counsel 

stipulated to a high/low agreement depending on the outcome of 

the verdict as there was concern a jury might be sympathetic to the 

fact that defendants had maintained the property and were not 

given notice of lead-based paint poisoning until the suit was filed. 


Circuit Court 

Bank Executive Recovers Damages 

for Wrist Fractured in Elevator Fall 

Case Caption: 

Anonymous Female v. Anonymous Subcontractor 


Judge: 

MORRISON, JOHN C. JR. 

John C. Morrison Jr. 


Attorneys: 

Plaintiff: 

Defendant: 

THORNTON, JONATHAN L. 

WITHHELD 

Jonathan L. Thornton, Norfolk 

Withheld 



Facts: A bank executive who was injured when she slipped and 

fell on a wet elevator floor alleged negligence by defendant subcontractor. 

Defendant denied negligence, but was allegedly hesitant 

to produce the employee who had cleaned the elevator 

because he was an incarcerated felon. A Norfolk jury awarded 

plaintiff $52,583 after deliberating 50 minutes. 

Plaintiff was attempting to use a parking garage elevator when 

she slipped and fell, injuring her wrist. Defendant subcontractor 

had employed a worker to perform concrete restoration of the 

garage. Defendant’s employee was reportedly cleaning the elevator 

at the time of the fall and the rubber floor was slippery due to 

the applicationof a cleaning solvent. 

Plaintiff alleged defendant and its employee were negligent in 

failing to place warning signs that the elevator floor was slippery. 

Defendant denied liability and contended that the employee had 

warned plaintiff to step to the side of the elevator where there was 

no solvent. 

Plaintiff Profile: Plaintiff was a female in her 50’s employed as a 

bank executive. 

Alleged Injury: Fractured right wrist which did not require surgery. 

Plaintiff claimed $2,583 in medical specials. 


50 minutes 


Circuit Court 

Permanent Shoulder Injury Claimed 

Following Motor Vehicle Collision 

Case Caption: 

Bathriene Johnson v. Arthur R. Linen 

Verdict: $141,400 

Judge: 

FULTON, JUNIUS P. III 


Attorneys: 

Plaintiff: 

Defendant: 

GILBERT, OSCAR L. “BUZZ” 

ST. CLAIR, JAMES P. 

Junius P. Fulton III 

Oscar L. “Buzz” Gilbert, Norfolk 

James P. St. Clair, Virginia Beach 

Facts: A driver who claimed a permanent injury from a motor 

vehicle collision with defendant, an uninsured motorist, was 

awarded $141,400 in damages. A Norfolk Circuit Court jury deliberated 

for an hour before returning its verdict. 



Expert(s): 

Plaintiff: 

Defendant: 

Versage, Paul, P.A. 

N/A 

Case Number: 



Erie 

Paul Versage, P.A. 

Physician’s Assistant – Norfolk, VA 

N/A 

UNKNOWN 

Plaintiff Bathriene Johnson and Defendant Arthur R. Linen were 

involved in a motor vehicle collision in 2004. Following the accident, 

plaintiff alleged she sustained a permanent injury that caused 

constant discomfort in her right posterior shoulder area with some 

neck involvement. Her uninsured motorist carrier was Allstate, but 

was not named as a party to the lawsuit. The uninsured motorist 

policy had limits of $50,000. Defendant pled guilty to reckless 

driving in traffic court. 

Plaintiff alleged she sustained a tear to her right posterior glenoid 

labrum or partial tear to the rotator cuff as a direct result of this 

accident. Plaintiff acknowledged her involvement in an earlier 

accident, but maintained that the shoulder injury from the 1995 

accident was anteriorally related, whereas the 2004 injury was to 

the posterior region of her right shoulder. A prior treating physician 

testified that the two injuries could not possibly be related. 

Defendant denied the injury was caused by this accident and 

argued that plaintiff sustained an injury to her right shoulder from 

an auto accident in 1995. Defendant contended that surgery was 

recommended for the prior injury, but plaintiff did not follow that 

recommendation. 


was a homemaker. 



Alleged Injury: Small tear to the right posterior glenoid labrum 

or partial right rotator cuff tear. No surgery was required. Plaintiff 

claimed a permanent injury to the area in that she had consistent 

intermittent discomfort. She was not assigned a disability rating. 

Plaintiff also claimed a soft tissue cervical injury. She sought 

$9,761 in past medicals. 


1 hour 




Case Number: 

Allstate (UM) 

CL06001176-00 

Editor’s Notes: Per plaintiff’s counsel, the verdict was a little 

high and the case should have been settled. At the time of editing 

this case for publication, Allstate paid the $50,000 policy limits. 

The case was not closed because plaintiff was considering retaining 

a collection lawyer to enforce her judgment against defendant 

by garnishing his wages and putting a lien on his assets. 


Circuit Court 

City Agrees to Settle Teenager’s 

Injury Claims 

Case Caption: 

Renee D. Wilson, Conservator and Guardian of Travis C. Dalton 

v. City of Norfolk and Theodore Goodman 


Judge: 

N/A 


way to a job interview. He was hit by a truck owned by Defendant 

City of Norfolk and operated by Defendant Theodore Goodman. 

The accident occurred near Posey Lane. Defendant Goodman was 

an employee of Defendant City of Norfolk. Plaintiff Dalton suffered 

a serious brain injury requiring three months of hospitalization 

and will never be able to work or care for himself. This lawsuit 

was filed on Plaintiff Dalton’s behalf by his mother, Plaintiff 

Renee Wilson. 

Plaintiff alleged Defendant Goodman was negligent in the operation 

of his vehicle and Defendant City was liable for Defendant 

Goodman’s actions under the doctrine of respondeat superior. 

Defendant maintained that the physical evidence and the testimony 

of at least one eyewitness indicated Dalton was running across 

Brambleton Avenue at the time he was struck and not in the median 

as plaintiff contended. Defendant City contended it was 

immune because Goodman was engaged within the scope of the 

City’s work at the time of the accident and that his work, which 

was almost exclusively limited to the maintenance and repair of 

recreational facilities, parks, and beaches, was necessary and 

essential to the City’s operation of such facilities. Defendant maintained 

that the City enjoys immunity pursuant to Virginia Code 

Section 15.2-1809 under these circumstance. The City filed a special 

plea to this effect, but was not heard on it prior to settlement. 

Plaintiff Profile: Plaintiff was an 18 year old male. 

Alleged Injury: Severe brain injury with swelling which necessitated 

the removal of a portion of the skull to relieve the pressure. 

Plaintiff was hospitalized for three months. He was left with the 

mental capacity of an 11 year old and was not expected to be able 

to hold a job or live by himself at any point in the future. At the 

time of this settlement, plaintiff lived with and was cared for by 

his mother. Plaintiff incurred in excess of $329,000 in medical 

specials. 


Case Number: 

Self-insured 

CL07000386-00 

Attorneys: 

Plaintiff: 

Defendant: 

DRESCHER, JOHN W. 

BREIT, JEFFREY A. 

PISHKO, BERNARD A. 

John W. Drescher, Norfolk 

Jeffrey A. Breit, Norfolk 

Bernard A. Pishko, Norfolk 

Facts: The mother of a teenager who suffered permanent brain 

damage after being struck by a city truck agreed to a $7,500,000 

settlement with the City of Norfolk one week prior to trial. 

In December 2006, Plaintiff Travis Dalton was 17 years old. He 

was standing in the median of Brambleton Avenue and was on his 



Orange County, VA 

Circuit Court 

Causation of Driver’s Rotator Cuff 

Injury Contested in MVA Case 

Case Caption: 

Patricia Brown Grimes v. Scott H. Donovan, Administrator of 

the Estate of Dora Jones 

Verdict: $133,000 

Alleged Injury: Torn rotator cuff in the right shoulder that 

required surgery and resulted in a 15% permanent partial disability 

rating that affected the entire right arm. Plaintiff also claimed a 

permanent left knee injury with constant pain due to stretched ligaments. 

There was no surgical intervention for the knee. In addition, 

plaintiff sustained five fractured ribs on her left side, two 

fractured fingers on the right hand, a fractured left clavicle that 

kept her in a brace for an unspecified period of time, and soft tissue 

neck and back injuries that resolved. She claimed $50,000 in 

past medicals. 


1 hour 


Last Offer: See Editor’s Note 

Judge: 

BOUTON, DANIEL R. 

Daniel R. Bouton 


Allstate 


Attorneys: 

Plaintiff: 

Defendant: 

GENTRY, EDWIN F. 

CARTER, HENRY S. 

COCHRAN, JANET W. 

Edwin F. Gentry, Culpepper 

Henry S. Carter, Richmond 

Janet W. Cochran, Fairfax (Nationwide) 

Facts: A head-on collision reportedly caused plaintiff to suffer 

permanent injuries. The collision was fatal for the other driver, 

defendant’s decedent. An Orange County Circuit Court jury 

awarded plaintiff $133,000 after deliberating 1 hour. 

Plaintiff Patricia Brown Grimes was on her way home from a 

shopping trip. She was traveling alone on a two lane country road 

in daylight on August 8, 2005. Defendant’s decedent, Dora Jones, 

crossed the center line and hit plaintiff’s vehicle head-on. 

Decedent’s administrator, Scott H. Donovan, was court appointed 

through service of process. Decedent was insured with Allstate 

and had policy limits of $25,000. Plaintiff’s underinsured motorist 

policy limits through Nationwide were $300,000. A lawyer for 

Nationwide was present at trial as an interested party, but the 

insurer was not named in the suit. 

Plaintiff alleged she sustained a right rotator cuff injury that 

required surgery and resulted in a 15% permanent partial disability 

that affected her whole right arm. In addition, she sustained a 

number of fractures and soft tissue injuries, all as a direct result of 

the accident. 

Expert(s): 

Plaintiff: 

Defendant: 

Rutkowski, Robert, M.D. 

Snedden, Michael, M.D. 

Case Number: 

Robert Rutkowski, M.D. 

Orthopedist – Culpeper, VA 

Michael Snedden, M.D. 

Orthopedist – Fredericksburg, VA 

CL06000166-00 

Editor’s Notes: Per defense counsel Carter, testimony from 

defendant’s orthopedic expert that the shoulder injury was not 

related to the accident impacted the outcome. He also said 

Nationwide was authorized to offer as much as $160,000, but 

never made an offer above $135,000. Plaintiff’s counsel indicated 

that the highest offer was $130,000. 

Prince William County, VA 

Circuit Court 

Defense Verdict on Pedestrian’s 

Injury Claim Against Motorist 

Case Caption: 

Michelle Lynn Corum v. Teresa Amaya 

Defendant disputed the proximate cause of plaintiff’s rotator cuff 

injury due to a significant gap in complaints and treatment. 

Defendant’s orthopedic expert opined that all of plaintiff’s complaints 

were related to the accident, except the shoulder injury. 


was a homemaker. 

Verdict: 

Judge: 


Rossie D. Alston Jr. 

SUBSCRIBE Do NOW! Your Own Click Research Here for — Hard www.virginiaverdicts.com Copy + PDF + Article Discount 19 

ALSTON, ROSSIE D. JR. 

Date of Verdict: 12/10/2007


Attorneys: 

Plaintiff: 

Defendant: 

HEISER, GLENN P. 

BARDOT, HEATHER K. 

Glenn P. Heiser, Burke 

Heather K. Bardot, Fairfax 

Richmond City, VA 

Circuit Court 

Facts: A pedestrian was unable to convince a Prince William 

County jury that a motorist was responsible for an accident that 

resulted in serious injuries to the plaintiff. The jury returned a 

defense verdict after deliberating 1 hour. 

Plaintiff Michelle Lynn Corum was standing in a grass median 

preparing to cross a street. Defendant Teresa Amaya stopped her 

vehicle at a yield sign and waited for traffic to clear to her left. 

Plaintiff was standing in the grass median to defendant’s right. As 

defendant attempted to make a right turn, plaintiff stepped off the 

curb in front of defendant’s vehicle. An impact occurred and plaintiff 

was knocked to the ground. Although defendant’s speed was 

minimal, plaintiff suffered serious injuries. 

UM Carrier to Pay Damages for 

Accident Injuries 

Case Caption: 

Brandy Manoley v. John Doe 


Judge: 

HUGHES, MELVIN R. JR. 


Melvin R. Hughes Jr. 

Plaintiff alleged defendant failed to keep a proper lookout and 

was at fault for the accident. Plaintiff claimed she sustained bilateral 

tibial plateau fractures as a result of the collision and that surgery 

was required on her left knee. 

Attorneys: 

Plaintiff: 

Defendant: 

EPPERLY, JR., DAVID L. 

ROBERTS JR., PHILIP A. 

David L. Epperly, Jr., Richmond 

Philip A. Roberts Jr., Chesterfield 

Defendant contended plaintiff was standing in an unusual place 

waiting to cross the street and was contributorily negligent for the 

accident. Defendant presented eyewitness testimony that was 

favorable to the defense. 

Plaintiff Profile: Plaintiff was a 33 year old married white female 

who was unemployed. 

Alleged Injury: Bilateral tibial plateau fractures and a contusion 

to the right elbow. The left knee required surgery. Plaintiff claimed 

occasional knee pain. She sought $38,125 in medical expenses. 


1 hour 




Expert(s): 

Plaintiff: 

Defendant: 

None 

None 

Case Number: 

Erie 

None 

None 

LA66244 

Editor’s Notes: Per defendant’s counsel, an independent witness 

confirmed that plaintiff stepped out into the roadway without 

looking and was in a very unusual place to be crossing the street. 

Facts: A woman claimed she was injured when an unknown driver 

collided with her vehicle. Defendant insurance company eventually 

admitted liability for the accident and plaintiff was awarded 

$10,000 in damages by a Richmond City jury. 

On August 13, 2005, Plaintiff Brandy Manoley was operating her 

vehicle on Warwick Road in Richmond. Her vehicle was struck by 

a 1996 Ford Taurus driven by Defendant John Doe, an unknown 

driver. Plaintiff sought damages fromher uninsured motorist carrier, 

Defendant Allstate Insurance Company 

Plaintiff alleged Defendant Doe caused the crash and her injuries. 

Defendant Allstate originally denied Defendant John Doe was 

negligent. Allstate contended that plaintiff was the sole proximate 

cause or was contributorily negligent for the accident. Defendant 

Allstate filed a third party complaint against Defendant Raquel 

Goodson, claiming she owned the 1996 Ford Taurus involved in 

the accident. Goodson denied the allegations and contended that 

her vehicle was not involved in the accident. She claimed the 

license plate identified in the accident was stolen from her car 

while it was in an automotive repair shop for two months. 

Defendant Allstate’s claim against Goodson was dismissed and 

Defendant Allstate finally admitted liability for plaintiff’s injuries. 

Plaintiff Profile: Plaintiff was a single female in her 20’s. 


claimed $2,358 in medical specials. 

Case Number: CL06-5140-4 




Circuit Court 

Additur Increases Motorist’s Award 

for Auto Accident Injuries 

Case Caption: 

Thomas Lacy, Jr. v. Sherod Hampton 

Verdict: 

Judge: 

MARKOW, THEODORE J. 


$30,002 plus additur for a total verdict of 

$42,501. Plaintiff was also awarded 

interest and costs. 

Theodore J. Markow 


claimed damages for medical expenses, lost earnings, diminished 

earning capacity, and pain and suffering. He also sought prejudgment 

and post-judgment interest and court costs. 

Case Number: 

CL06-5361-3 




Circuit Court 

Severity of Injuries Questioned by 

Defendant in Auto Case 

Attorneys: 

Plaintiff: 

Defendant: 

VAN WINKLE, COURTNEY ALLEN 

CARTER, HENRY S. 

Courtney Allen Van Winkle, Richmond 

Henry S. Carter, Richmond 

Case Caption: 

Robin G. Allen v. Joseph H. Philpott 


Facts: Defendant driver allegedly disregarded a red light and collided 

with plaintiff’s vehicle, causing physical injuries. Defendant 

denied all allegations, but the jury awarded plaintiff $30,002. The 

court granted plaintiff an additur, increasing the verdict to 

$42,501. 

On May 1, 2005, Plaintiff Thomas Lacy, Jr. was driving his Ford 

vehicle south in the left turn lane of Parham Road in Henrico 

County. He intended a turn at the intersection of Sanctuary Drive 

and claimed the turn arrow was green as he approached the corner. 

At the same time, a Dodge vehicle driven by Defendant Sherod 

Hampton was northbound on Parham Road. Plaintiff claimed 

defendant failed to stop at the red light and collided with his vehicle. 

Plaintiff alleged defendant was negligent in failing to stop at the 

red light and failing to yield the right-of-way. He claimed he sustained 

serious injuries as a direct result of the accident, causing a 

diminution in earning capacity, pain and suffering, and medicals. 

Defendant ultimately admitted liability for the accident, after first 

claiming contributory negligence, assumption of risk, and sudden 

emergency. He argued at trial that plaintiff exaggerated his injuries 

and had made a full recovery. 

Plaintiff Profile: Plaintiff was a male. His age was unavailable for 

publication. 

Judge: 

SPENCER, MARGARET P. 


Attorneys: 

Plaintiff: 

Defendant: 

JOHNSON, T. O’CONNOR 

HAUCK, DAVID L. 

Margaret P. Spencer 

T. O’Connor Johnson, Richmond 

David L. Hauck, Richmond 

Facts: Injuries arising from this automobile accident were disputed. 

A Richmond City Circuit Court jury determined that plaintiff 

was entitled to $4,400 for her injuries. 

In December 2005, Plaintiff Robin Allen was driving west on 

Hull Street Road and slowed for traffic at the intersection of Doss 

Road. As she did, her car was struck from behind by another westbound 

vehicle driven by Defendant Joseph Philpott. 

Plaintiff alleged defendant was negligent in failing to maintain an 

assured clear distance ahead and keep a proper lookout. She also 

argued that her multiple soft tissue injuries were the direct result 

of this collision and claimed she had continuing pain to the date of 

trial. 

Defendant ultimately admitted liability for causing this accident, 

but disputed the extent of plaintiff’s injuries. He argued that plaintiff 

should have recovered from minor soft tissue injuries. 




Alleged Injury: Soft tissue cervical, lumbar, head and arm 

injuries which required medical treatment. Plaintiff claimed continuing 

pain to the date of trial and argued that her injuries interfered 

with her normal activities. She sought $25,000 in damages, 

plus interest and costs. 

Case Number: 

CL06-4769 




Circuit Court 

Jury Denies Damages for 

Alternative Treatments 

Case Caption: 

Reynolds C. Williams, Jr. v. Katherine Doyle 


Judge: 

SPENCER, MARGARET P. 


Margaret P. Spencer 

Defendant admitted liability for the accident, but disputed the 

nature and extent of plaintiff’s injuries. Defendant contended that 

plaintiff sought an excessive amount of damages for alternative 

treatments, including acupuncture and massage therapy. 

Plaintiff Profile: Plaintiff was a 62 year old married white male 

employed as a college professor. 

Alleged Injury: Soft tissue neck and low back injuries resulting 

in ongoing pain. Plaintiff underwent chiropractic and alternative 

treatments. Plaintiff sought $100,000 in damages. 



Case Number: 

1.75 hours 

Nationwide 

CL06-3342-3 

Editor’s Notes: Per defendant’s counsel, the fact that plaintiff 

sought damages for alternative treatments such as acupuncture 

and massage therapy did not go over well with jury. 


Circuit Court 

Pedestrian Hit by Shuttle Awarded 

Nominal Damages 

Attorneys: 

Plaintiff: 

Defendant: 

AYERS, GLENN E. 

WOODY, PRISCILLA R. 

Glenn E. Ayers, Glen Allen 

Priscilla R. Woody, Richmond 

Facts: A man allegedly injured in an intersection collision was 

awarded $15,000 in damages by a Richmond City jury. Defendant 

admitted liability for the accident, but disputed the amount plaintiff 

sought for various alternative treatments. The jury deliberated 

1.75 hours before returning its verdict. 

In June 2004, Plaintiff Reynolds Williams was operating his station 

wagon through the intersection of Hermitage and Overbrook 

Roads in Richmond. He was involved in a collision with a vehicle 

driven by Defendant Katherine Doyle. Defendant reportedly 

ignored a red light and proceeded through the intersection. She 

struck the driver’s side of plaintiff’s vehicle. 

Plaintiff alleged defendant was negligent in failing to obey the 

traffic signal and yield the right-of-way. Plaintiff claimed he sustained 

soft tissue injuries and ongoing pain as a direct result of the 

collision. 

Case Caption: 

Veronica Goins v. Herman Glidewell and Groome 

Transportation, Inc. 


Judge: 

Beverly W. Snukals 

22 SUBSCRIBE NOW! Click Here for Hard Copy + PDF + Article Discount 

SNUKALS, BEVERLY W. 


Attorneys: 

Plaintiff: 

Defendant: 

GEE, DONALD J. 

HAIRSTON JR., CURTIS M. 

SHANNON, JAMES C. 

Donald J. Gee, Richmond 

Curtis M. Hairston Jr., Richmond 

James C. Shannon, Richmond 

Facts: A woman who suffered minor injuries after being struck by 

a hospital shuttle sued the shuttle driver and his employer. 

Defendants admitted liability, but disputed the extent of plaintiff’s 

injuries. A Richmond City jury awarded plaintiff $5,000 in damages.


Plaintiff Veronica Goins was walking across Clay Street in 

Richmond in July 2006. She was reportedly crossing in the crosswalk 

onto 12th Street. Defendant Herman Glidewell was operating 

a hospital shuttle in the course and scope of his employment 

with Defendant Groome Transportation. Defendant Glidewell’s 

shuttle collided with plaintiff in the crosswalk. 

Plaintiff alleged Defendant Glidewell was negligent for recklessly 

operating his vehicle and causing her to suffer soft tissue leg 

injuries. Plaintiff further alleged Defendant Groome 

Transportation was negligent under the doctrine of respondeat 

superior. 

Defendants admitted liability for plaintiff’s injuries, but contended 

that plaintiff was not injured to the extent she claimed. 

Defendant claimed plaintiff was not knocked down by the shuttle 

and her injuries were minor. 


Alleged Injury: Bruises and contusions to the leg requiring medical 

treatment. Plaintiff sought $15,000 in damages. 

Case Number: 

CL07001039-00 

Editor’s Notes: Per defendants’ counsel, this case was originally 

filed in General District Court before being removed to Circuit 

Court against Defendant Groome Transportation only. 


Circuit Court 

Hotel Guest Awarded Damages for 

Restroom Slip and Fall 

Case Caption: 

Vernon Abel v. Springhill SMC, LLC 

Verdict: $100,000 

Judge: 

MARKOW, THEODORE J. 


Theodore J. Markow 

Facts: A man who allegedly slipped on a wet restroom floor 

alleged defendant failed to warn him of the condition. Defendant 

premises owner denied liability, but a Richmond City jury awarded 

plaintiff $100,000 in damages. 

Plaintiff Vernon Abel was a guest at a hotel managed by 

Defendant Springhill SMC, LLC. While in the first floor restroom 

of the hotel, plaintiff reportedly slipped and fell on a recently 

mopped floor. 

Plaintiff alleged defendant was negligent in failing to warn him 

the floor was wet. Plaintiff claimed there were no signs warning 

him the floor had recently been mopped. He claimed he sustained 

herniated cervical discs that required a diskectomy and fusion. 

Defendant contended that the floor had been mopped some time 

before plaintiff walked on it and the floor had dried by the time 

plaintiff fell. Defendant maintained there was a warning sign, but 

it was placed in the hallway outside the restroom. 

Plaintiff Profile: Plaintiff was a married male in his mid 40’s. 

Alleged Injury: Herniated discs at C4-C5 and C5-C6 requiring 

cervical diskectomy and fusion. Plaintiff claimed $91,437 in past 

medicals and $6,000 in past wage loss. 



Case Number: 



Self-insured 

CL06004905-00 

Roanoke City, VA 

Circuit Court 

Jury Finds Inexperienced Surgeon 

Caused Patient’s Death 

Case Caption: 

Patricia Donathan and Rose Cumbee, Daughters and 

Beneficiaries of Frances Cumbee v. Bradley Nicholson, M.D. 

Attorneys: 

Plaintiff: 

Defendant: 

SAADY, CHRISTOPHER P. 

WITHHELD 

Christopher P. Saady, Richmond 

Withheld 



EVALUATION 





Verdict: $346,676. Breakdown: $280,000 

($40,000 to each adult child); $10,513 

for funeral and burial expenses; and 

$56,163 for medical expenses. 

Prejudgment interest on the medical and 

funeral expenses was awarded from the 

date of surgery. 

Judge: 

APGAR, JONATHAN M. 

Jonathan M. Apgar 


Defendant denied any medical malpractice or negligence. He 

argued that decedent died of unintended and recognized complications 

of the procedure. 

Defendant was investigated by the Virginia Board of Medicine 

which found that defendant violated medical procedures by not 

referring decedent to a surgeon qualified to perform lung surgery, 

by not ordering the typing and screening of Cumbee’s blood supply 

ahead of time, and by not mentioning her cardiac arrest in his 

surgical notes. This information was ruled inadmissible and the 

jury was not informed of the Board’s investigation and findings. 

Attorneys: 

Plaintiff: 

Trey Smith, Roanoke 

Plaintiff Profile: Plaintiff’s decedent was a 62 year old married 

female who was a homemaker. 

Defendant: 

SMITH, TREY 

PEAKE III, WALTER H. 

BARNARD, KEVIN O. 

Walter H. Peake III, Roanoke 

Kevin O. Barnard, Roanoke 

Facts: A Roanoke City Circuit Court jury found that defendant 

surgeon’s lack of preparation, inexperience and poor communication 

with staff caused the death of a patient. The jury awarded 

plaintiffs $346,676 after deliberating 45 minutes. 

Plaintiffs’ decedent, Frances Cumbee, was referred to defendant 

general surgeon, Bradley Nicholson, M.D., for a bronchoscopy to 

determine if she had a tumor in her lung. Defendant performed the 

procedure, which revealed a tumor. Defendant recommended that 

he perform surgery. The surgery was scheduled six weeks after the 

initial bronchoscopy. During the surgery, Cumbee’s pulmonary 

artery was torn, resulting in a massive bleed. She suffered a cardiac 

arrest, resulting in brain damage. She remained hospitalized 

for two weeks and then was discharged to the care of her daughter. 

Cumbee died six weeks post-surgery. 

Plaintiffs alleged defendant did not have the proper training to 

perform the surgery and the hospital was not equipped to undertake 

a surgery of this nature. Plaintiffs also claimed defendant had 

never performed this type of surgery before, he failed to inform 

the staff of his plan and failed to refer decedent to a thoracic surgeon. 

Further, plaintiffs asserted that defendant did not dictate surgical 

notes until six weeks after the surgery and did not include 

Cumbee’s cardiac arrest in the summary. Testimony during trial 

indicated that hospital staff thought Cumbee was scheduled for a 

thoracotomy only and did not know he intended to remove the 

patient’s lung until the procedure was underway. Plaintiff presented 

testimony that there was no plan to have vascular clamps on 

hand during surgery, nor did defendant type and cross-match 

Cumbee’s blood or arrange for a replacement blood supply to be 

available. According to plaintiffs, after the pulmonary artery was 

torn, the artery repair was delayed 30 minutes while staff scrambled 

to find vascular clamps and order typing and a blood supply. 

Plaintiffs maintained that decedent died as a result of defendant’s 

negligence. 

Alleged Injury: Death as a result of an anoxic brain injury during 

removal of decedent’s lung. She died six weeks later. Decedent 

was survived by seven adult children and her husband, who died 

several months after decedent. 


45 minutes 



Expert(s): 

Plaintiff: 

Defendant: 

Campbell, II, Robert A., M.D. 

Crosby, Ivan K., M.D. 

Berry, Thomas K., M.D. 

Wesley, Roger, M.D. 

Fintel, William, M.D. 

Case Number: 

Robert A. Campbell, II, M.D. 

Thoracic Surgeon – Louisville, KY 

Ivan K. Crosby, M.D. 

Thoracic Surgeon – Charlottesville, VA 

Thomas K. Berry, M.D. 

General Surgeon – Martinsville, VA 

Roger Wesley, M.D. 

Anesthesiologist – Salem, VA 

William Fintel, M.D. 

Oncologist – Lexington, VA 

CL04000649-00 

Editor’s Notes: There was no appeal and this case is closed. 




Circuit Court 

Significant Impact Accident Leads 

to UM Award for Motorist 

Case Caption: 

James M. Rhodes v. John Doe 

Verdict: 

Judge: 

APGAR, JONATHAN M. 

$36,000. Breakdown: $6,210 for past 

medicals; $2,700 for lost wages; and 

$27,090 for pain and suffering. 

Jonathan M. Apgar 


Attorneys: 

Plaintiff: 

Defendant: 

FINLEY, ERIC R. 

MATTHEWS, JR., JOSEPH A. 

Eric R. Finley, Roanoke 

Joseph A. Matthews, Jr., Roanoke (Erie) 

Facts: An intersection accident around midnight caused injuries 

and plaintiff sought damages against his insurer because the atfault 

driver left his borrowed vehicle and fled on foot. A Roanoke 

jury awarded plaintiff $36,000 after deliberating 10 minutes. 

Plaintiff James M. Rhodes was traveling in his brand new Nissan 

Altima that had only 28 miles on it. He was in a residential neighborhood 

attempting to make a left turn at Fifth Street and Madison 

Street in Roanoke. Defendant John Doe was on Fifth Street, 

attempting to make a left onto Madison. There was no stop sign 

for either party. Plaintiff was hit on the passenger side and 

launched out of the intersection into a church parking lot some 90 

feet away. Plaintiff sought uninsured motorist benefits from his 

carrier, Erie Insurance. 

Plaintiff alleged defendant driver was traveling at a high rate of 

speed without headlights. Plaintiff claimed he sustained soft tissue 

injuries that continued to cause him pain during some activities. 

Defendant disputed the allegations and contended there was no 

evidence defendant driver was speeding or was not using the headlights. 

Plaintiff Profile: Plaintiff was a 43 year old single male employed 

as an auto detailer for a local dealer. 

Alleged Injury: Nose bleed from air bag deployment that continued 

to cause problems for an extended period of time. Plaintiff 

also sustained neck and shoulder soft tissue injuries that plaintiff 

claimed cause pain with certain activities and continuing 

headaches. Plaintiff treated with his family physician and a physical 

therapist. He claimed $6,210 in medicals and $2,700 in lost 

wages. 




Case Number: 

10 minutes 



Erie (UM) 

CL05000873-00 

Editor’s Notes: Per plaintiff’s counsel, photographs showing the 

physical damage to plaintiff’s car, which was totaled, impacted the 

outcome of the trial. Counsel said defendant driver could not be 

located because the woman who loaned the car to him only knew 

him by a nickname and she had just recently met the man. 


United States District Court 

Former Sheriff’s Deputy Awarded 

Damages in Harassment Case 

Case Caption: 

Lespia King v. Sheriff George M. McMillian and Sheriff Octavia 

L. Johnson 

Verdict: 

Judge: 

WILSON, SAMUEL G. 

$325,000. Breakdown: $175,000 in 

compensatory damages and $100,000 in 

punitive damages against Defendant 

McMillian; and $50,000 in compensatory 

damages against defendant sheriff’s 

office. 

Samuel G. Wilson 


Attorneys: 

Plaintiff: 

Defendant: 

GRIMES, TERRY N. 

WILLIAMS, MELVIN E. 

GIBNEY JR., JOHN A. 

DILLON, ELIZABETH KAY 

Terry N. Grimes, Roanoke 

Melvin E. Williams, Roanoke 

John A. Gibney Jr., Richmond 

Elizabeth Kay Dillon, Salem 



Facts: A former sheriff’s deputy alleged assault and battery 

against her former employer and a sexual harassment claim 

against the sheriff’s office. Defendants denied liability, but a federal 

jury in Roanoke awarded plaintiff $325,000 in damages, 

which included $100,000 in punitive damages against the thensheriff, 

George McMillian, personally. 

Plaintiff Lespia King worked as a deputy at the Roanoke City Jail 

for approximately three years before resigning in 2004. Defendant 

George McMillian was the Roanoke sheriff at the time of plaintiff’s 

employment. Plaintiff claimed Defendant McMillian made 

inappropriate advances toward her, including forcing her to sit on 

his lap and kiss him. She also claimed defendant told her she 

would not be promoted unless she agreed to date him. Nine other 

former female employees of the sheriff’s office and a jail contractor 

also testified that McMillian had made suggestive comments to 

them, touched them inappropriately and tried to kiss and hug them 

while touching their buttocks or breasts. Defendant Sheriff 

Octavia Johnson was named as a representative of the sheriff’s 

office, but was not accused of any wrongdoing. 

Plaintiff alleged assault and battery against Defendant McMillian 

and sexual harassment against the sheriff’s office. 

Defendants denied the allegations. Defendant McMillian contended 

that the women were making up their claims and he never 

acted inappropriately toward them. He also maintained that the 

lawsuit was politically motivated. 

Plaintiff Profile: Plaintiff was a 22 year old single white female 

employed as a sheriff’s deputy. 

Alleged Injury: Sexual assault, battery and harassment resulting 

in emotional distress. 

Case Number: 

Suffolk City, VA 

Circuit Court 

7:05-CV-00521-SGW 

Interstate Rear-Ender Results in 

Defense Verdict 

Case Caption: 

Lesa Huaff v. Jason Dennis 

Verdict: 



Attorneys: 

Plaintiff: 

Defendant: 

MCKEE, WILLIAM 

LYNCH, BENJAMIN P. 

William McKee, Norfolk 

Benjamin P. Lynch, Suffolk 

Facts: A low speed rear-end collision allegedly resulted in a soft 

tissue injury to plaintiff driver. Defendant claimed plaintiff pulled 

in front of him and caused the collision. A Suffolk County jury 

returned a defense verdict. 

Plaintiff Lesa Hauff and Defendant Jason Dennis were driving on 

a congested interstate in stop-and-go traffic on October 27, 2003. 

Defendant struck the rear of plaintiff’s car. 

Plaintiff alleged defendant was negligent in failing to maintain a 

proper lookout and maintain an assured clear distance ahead. She 

claimed to have sustained a soft tissue cervical injury that resolved 

with chiropractic therapy. 

Defendant denied liability and contended that he was in the left 

lane of the interstate. Defendant argued that the traffic in his lane 

had been stopped for a while and he saw an opportunity to pull up 

a little as there was a car length of space in front of him. According 

to defendant, as he began to slowly accelerate, plaintiff cut into his 

lane of travel. Defendant asserted that there was no obvious damage 

to either vehicle. 

Plaintiff Profile: Plaintiff was a 25 year old married female 

employed at a bank. 

Alleged Injury: Cervical sprain that resolved after 25 chiropractic 

visits that occurred from November 20, 2003 through February 

6, 2004.Plaintiff claimed $3,425 in past medical specials. 


Last Offer: N/A 


Expert(s): 

Plaintiff: 

Defendant: 

Block, David N., D.C. 

N/A 

Case Number: 

USAA 

David N. Block, D.C. 

Chiropractor – Chesapeake, VA 

N/A 

CL06000595-00 

Editor’s Notes: Per defendant’s counsel, the photos showing no 

property damage to either vehicle impacted the jury’s decision. 

Judge: 

LUKE, JAMES A. 

James A. Luke 



Virginia Beach City, VA 

Circuit Court 

Elderly Shopper Pursues Premises 

Claim Against Furniture Store 

Case Caption: 

Mary Lucy v. Sterling Church Street Furniture Store, Inc. t/a 

Grand Furniture Discount Stores 


Expert(s): 

Plaintiff: 

Defendant: 

Bakhshi, Raja, M.D. 

Funk, Catherine M., MSPT 

None 

Case Number: 

Raja Bakhshi, M.D. 

Family Practitioner – Virginia Beach, VA 

Catherine M. Funk, MSPT 

Physical Therapist – Chesapeake, VA 

None 

CL06-1037 

Judge: 

O’BRIEN, WILLIAM R. 

William R. O’Brien 


Attorneys: 

Plaintiff: 

Defendant: 

BANDER, M. ANDREW 

WITHHELD 

M. Andrew Bander, Virginia Beach 

Withheld 

Facts: An elderly shopper allegedly tripped and fell at a furniture 

store. Defendant denied liability, but a Virginia Beach jury awarded 

plaintiff $20,000 in damages. 

Plaintiff Mary Lucy, age 89, was a patron of Defendant Sterling 

Church Street Furniture Store, Inc. t/a Grand Furniture Discount 

Stores on May 17, 2005. As plaintiff was shopping, she allegedly 

tripped and fell over a raised platform that was being used to display 

furniture. 

Plaintiff alleged defendant was negligent in allowing such a dangerous 

condition to exist and failing to provide warning of the hazard. 

Plaintiff also claimed the lighting was very low in that particular 

area of the store, making it difficult for plaintiff to see the 

platform. She claimed to have sustained soft tissue neck and back 

injuries as a result of the fall. 

Defendant denied the lighting was inadequate, but admitted others 

had fallen in the same area of the store. 

Plaintiff Profile: Plaintiff was an 89 year old white female. 

Alleged Injury: Primary injury of cervical and lumbar sprain 

requiring physical therapy and resulting in some permanent limitations 

as a result of her age. Secondary injuries of bruises and 

contusions to the face. Plaintiff claimed $4,000 in medical specials. 


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The month indicated on this page is a U.S. Post 

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publishing date or verdict dates of this publication. 

MARCH 2008 

ATTORNEYS 

Ayers, Glenn E. ......................................22 

Bander, M. Andrew ................................29 

Bardot, Heather K. ...................................7 

Bardot, Heather K. .................................20 

Barnard, Kevin O. ..................................26 

Blank, Irving M........................................9 

Breit, Jeffrey A. ......................................18 

Broadwell, W. Mark ...............................11 

Buckner, Elliott M..................................14 

Cantor, Irvin V........................................14 

Carter, Henry S.......................................19 

Carter, Henry S.......................................21 

Cochran, Janet W....................................13 

Cochran, Janet W....................................19 

Dillon, Elizabeth Kay.............................27 

Drescher, John W....................................18 

Duvall, Randolph C................................11 

Epperly, Jr., David L. .............................20 

Finley, Eric R. ........................................27 

Franklin III, John ..................................15 

Gaynor, Todd M. ....................................15 

Gee, Donald J.........................................22 

Gentry, Edwin F......................................19 

Gibney Jr., John A..................................27 

Gilbert, Oscar L. “Buzz”........................16 

Gilbert, Oscar L. “Buzz”........................17 

Goldman, Jay R........................................7 

Goldman, Jay R......................................10 

Griffin, Yvonne T. ....................................4 

Grimes, Terry N......................................27 

Hairston Jr., Curtis M.............................22 

Hallman, Ronald S. ..................................6 

Harris, John P. ........................................10 

Hauck, David L. .....................................21 

Hedrick, Christopher R. .........................15 

Heiser, Glenn P.......................................20 

Hux, Paul D............................................12 

Johnson, T. O’Connor ............................21 

Joynes, II, Louis N. “Mike”.....................6 

Landau, Douglas K.W. .............................5 

Lisowski, Gary H. ..................................15 

Lynch, Benjamin P. ................................28 

Marks IV, Wirt P.......................................9 

Marks, David L. .......................................8 

Matthews, Jr., Joseph A..........................27 

McKee, William ....................................28 

Medley, Martha White .............................7 

Mielke, Joan M.......................................11 

Morrison Jr., Robert L..............................7 

Parrish, Jennifer Lee ..............................10 

Peake III, Walter H.................................26 

INDEX 

Phelan, Michael G....................................4 

Pishko, Bernard A. .................................18 

Primeau, John D.....................................10 

Roberts Jr., Philip A. ..............................20 

Rogers, Jonathan M..................................5 

Rosenblum, Alan .....................................7 

Rosenblum, David ...................................7 

Saady, Christopher P...............................23 

Saunders, M. Brent...................................7 

Schewe, Christopher P............................13 

Schloss, Eric N.........................................7 

Serpe, Richard J. ....................................16 

Shannon, James C. .................................22 

Shea, John C...........................................14 

Smith, Trey ............................................26 

St. Clair, James P....................................17 

Stanley, Lowell A...................................15 

Sterenberg, Solomon M. ..........................8 

Sylvester, Erin L.......................................7 

Thornton, Jonathan L. ............................16 

Van Winkle, Courtney Allen ..................21 

Whitlow, Scott V. ...................................15 

Williams, Melvin E. ...............................27 

Woody, Priscilla R..................................22 

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INDEX 

JUDGES 

Alston, Rossie D. Jr................................19 

Apgar, Jonathan M. ................................26 

Apgar, Jonathan M. ................................27 

Bellows, Randy I......................................9 

Bouton, Daniel R....................................19 

Fulton, Junius P. III ................................17 

Harris, Robert L. Sr..................................4 

Hughes, Melvin R. Jr. ............................20 

Luke, James A. .......................................28 

MacKay, Kathleen H................................7 

Markow, Theodore J...............................21 

Markow, Theodore J...............................23 

McCahill, Burke F..................................13 

Milam, Joseph ..........................................7 

Morrison, John C. Jr...............................16 

Morrison, John C. Jr...............................16 

O’Brien, William R. ...............................29 

Poston, Charles Evans............................15 

Scott, John W..........................................10 

Scott, John W..........................................11 

Sharrett, W. Allan ...................................12 

Skinner, Timothy K................................13 

Snukals, Beverly W. ...............................22 

Spencer, Margaret P................................21 

Spencer, Margaret P................................22 

Vieregg, Arthur B. Jr. ...............................8 

Wilson, Samuel G. .................................27 

Wood, Thomas H......................................5 

EXPERTS 

Bakhshi, Raja, M.D................................29 

Berry, Thomas K., M.D..........................26 

Block, David N., D.C.............................28 

Campbell, II, Robert A., M.D. ...............26 

Crosby, Ivan K., M.D.............................26 

Debs, Anthony, M.D.................................9 

Elias, Jeff, M.D. .......................................4 

Fintel, William, M.D. .............................26 

Funk, Catherine M., MSPT....................29 

Gardiner, James St. Clair, M.D. ...............9 

Gordon, Ian, M.D...................................13 

Kahler, David M., M.D. .........................14 

Krome, Jonathan, M.D.............................7 

Melberg, Peder K., C.R.C. .......................4 

Mihalko, William, M.D............................4 

Moseley, Anna, D.C. ..............................13 

Newman, Mark W., M.D........................12 

O’Brien, Michael B., M.D. ....................10 

Reavis, Sharon L., R.N., M.S...................4 

Rutkowski, Robert, M.D. .......................19 

Snedden, Michael, M.D. ........................19 

Vanichkachorn, Jed S., M.D...................14 

Versage, Paul, P.A. .................................17 

Wagoner, Robert, M.D. ..........................13 

Wesley, Roger, M.D. ..............................26 

Whipple, Terry L., M.D. ........................12 

Widmeyer, Robert S., M.D. .....................7 

Young, Jeffery S., M.D. .........................14 

Zasler, Nathan D., M.D............................4 

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