Results: Verdicts and Settlements

Click the following category links for examples

Personal Injury and Wrongful Death Cases

• A $750,000 pre-suit settlement in a trucking accident case on I-81 South in Botetourt County.
• A $285,000 verdict in a dog bite case in Rockbridge County.
• $132,500 jury verdict (nearly four times the highest settlement offer) in Franklin County for a client rear ended while turning left into his driveway. The defense (specifically, State Farm Insurance) had insisted on arguing that he should recover nothing, alleging him to be contributorily negligent for not using a signal. Lemon v. Hunt (Franklin Co. Cir. April 28, 2022)
• $960,000 settlement on behalf of a client suffering a range of injuries requiring extensive treatments and therapy, when her car was struck while making a left-turn with right of way in Roanoke County.
• Numerous settlements for coverage limits in automotive cases.  2023 Examples: $100,00 settlement in a car wreck case in Craig County; $100,000 settlement for head-on crash in Christiansburg (Montgomery Co.); $100,000 settlement for pedestrian collision in Roanoke County.
• $450,000 settlement, at the close of Plaintiff’s evidence, at the Roanoke City Circuit Court trial of a client’s slip-and-fall injury against Roanoke, Virginia restaurant resulting in neck and elbow injuries.
• $400,000+ settlement just after jury selection at a trial in Franklin County Circuit Court (Rocky Mount, Virginia), in a case involving a rear-end collision near Smith Mountain Lake, contributing to serious foot injuries.
• A $400,000 settlement in a wrongful death case arising from a fatal motorcycle crash in Pulaski County. Two motorcyclists died in the wreck. As the case progressed, it became apparent that the at-fault may not be insured due to a potential error on his insurance application. Despite the potential lack of insurance coverage, we achieved resolution for $400,000.
• A $400,000 jury verdict in a car wreck case in which both drivers claimed to have a green light. After a two-day trial in Roanoke City Circuit Court, the jury found that Ben’s client had the green light and awarded him $400,000 to compensate him for his injuries. The case later resolved for full policy limits which, unfortunately, were less than the verdict amount.
• A $255,000 settlement in a wrongful death case. The defendant shot and killed his neighbor and alleged he acted in self-defense. The case settled shortly before trial.
• A $250,000 settlement in a car wreck case in Roanoke City. The patient required neck surgery and resolved approximately one month before trial.
• $226,000 settlement in a car wreck case. The plaintiff was a passenger in a van that was hit head-on by a truck. The driver of the truck claimed to have swerved out of the way to avoid a tractor-trailer that made a dangerous turn.
• $200,000 jury verdict in a trucking case in Roanoke County. A tractor-trailer ran over, hit another car and fled the scene. The case went to trial and resulted in a plaintiff’s verdict for full policy limits.
• $200,000 settlement in a wrongful death case.
• $195,000 pre-suit settlement for a minor child who suffered injuries in a car wreck in Indiana.
• A $100,000 settlement in a wrongful death case. The case resolved for full amount of all available insurance policies.
• $248,630 jury verdict for a client whose ankle ligaments were injured in a low-speed collision as she exited the passenger side of a vehicle in the parking lot of Mac ‘N Bob’s restaurant in Salem, Virginia. Keith v. Mountcastle, CL15-133 (Salem City Circuit Court, May 17, 2019).
• In Carroll County Circuit Court (Hillsville, Virginia), a high six-figure settlement in a complex product liability case involving leg injuries caused by a projectile propelled by a defectively designed exploding target product.
• Representing a homeowner injured by an unknown projectile thrown by a commercial grade bushhog working on a neighboring property, litigated in Floyd County Circuit Court (Floyd, Virginia) to successful large settlement.
• For a tractor trailer driver suffering aggravation of pre-existing back injuries in a rear-end collision caused by another truck on Interstate 81 near Daleville, Virginia, litigated in Botetourt County Circuit Court (Fincastle, Virginia), we achieved a high, six-figure settlement.
• Litigating against multiple defendants in chain of distribution, to successful settlements, complex defective product cases (in Roanoke, Virginia as well as Connecticut courts) involving food poisoning by oysters containing saxitoxin, causing severe and disabling disease to client-executive.
• Helping a real estate agent-client who fell down defective stairs while a guest at a Wintergreen-area rental property, litigated against the renting landowners to successful settlement a premises liability case in the Western District federal court (Charlottesville).
• Seven-figure settlement in Rockbridge County Circuit Court, involving a rear-end collision caused by a box truck approaching a construction zone on Interstate 81 near Lexington / Buena Vista, causing back injury and loss of income.
• Representing two clients injured in a collision on Interstate 81 near Marion, Virginia, by a negligent driver who crossed the center median and struck them head-on, litigated each to successful settlements in Smyth County Circuit Court.
• Representing a young father who, walking home, fell on a hazardous sidewalk section that the Town of Covington, Virginia had permitted to grow chronically slick due to moisture, mold, and algae, we litigated in Alleghany County Circuit Court and achieved a successful settlement resolution.
• As part of trial team and on behalf of an injured steel worker client: Developed the expert evidence, briefed all pre-trial motions, and drove to successful result a catastrophic burn injury case involving defective product design claims for an Italian, electric-arc steel furnace at a Roanoke steel mill. See Treadway v. Danieli & C. Officine Meccaniche SpA, 2008 WL 5504710 (W.D. Va. 2008).
• Litigated to six-figure settlement a senior client’s claim against Virginia (Department of Transportation) for arm and shoulder fracture injuries she suffered in a trip and fall at an interstate rest area, due to uneven and warped sidewalk.
• Litigated to six-figure settlement a product liability action against the national distributor of a toy golf club arising from injuries when club head detached during child’s use and hit senior client in the eye.
• Researched and designed for co-counsel the liability “roadmap,” including the key expert evidence, driving settlement of severe burn injury case based on defectively designed clothing product.

Medical Malpractice

• A $700,000 settlement in a case involving a patient who developed renal failure during back surgery. The patient’s condition progressed to rhabdomyolysis and multi-system organ failure before passing away after being in the hospital for 32 days. The anesthesiologist during the surgery settled the wrongful death case.
• A $500,000 settlement in a wrongful death case involving the failure to treat a pulmonary embolus.
• A $450,000 settlement in a medical malpractice case in which the plaintiff lost vision in one eye after undergoing a blepharoplasty.
• A $400,000 jury verdict in a wrongful death case which involved an unnecessary interventional procedure being performed on the patient’s right leg.
• A multi-million-dollar verdict in a wrongful death case regarding the failure of an emergency room physician to diagnose and treat a pulmonary embolus. The patient later died and his family filed suit. The case went to trial in the Abingdon Division of the United States District Court for the Western District of Virginia. The jury returned a $2.75 million verdict in favor of the family. The verdict was later reduced to the statutory cap of $2.05 million.
• $1.2 million settlement in a case involving the wrongful death of a newborn child.
• $1 million verdict for a woman who was sexually attacked by a patient while working as a home health nurse.
• A $387,000 jury verdict in a case in which a patient developed a vesico-vaginal fistula after a hysterectomy. The OB/GYN who performed the hysterectomy attempted a repair which was unsuccessful. The fistula was fixed after approximately six months.
• A $300,000 jury verdict in a case involving the failure to treat a priapism which resulted in permanent erectile dysfunction.
• $793,803.86 jury verdict following weeklong trial in Roanoke County Circuit Court charging medical malpractice causing delays of proper treatment due to failures to diagnose a worsening MRSA infection, which resulted in the wrongful death of a 24-year old, promising and special young man. Young, Admr. v. Kletzing, CL19-1067 (Roanoke County Circuit Court Aug. 24, 2021).
• $793,000 bench (judge) verdict against the United States government (Dept. of Veterans Affairs) for wrongful death caused by medical malpractice of Salem, Virginia Veterans Affairs Medical Center surgeons in the course of a cholecystectomy (gall bladder removal) surgery. Wertman v. United States, No. 7:15-CV-00466, 2017 WL 363019 (W.D.Va. Jan. 24, 2017) (Roanoke, Virginia).
• In the case of medical malpractice causing the wrongful death of a 48-year old woman arising from complications in laparoscopic cholecystectomy (gall bladder removal) surgery, assisted the single beneficiary in recovering significant large settlement for loss of support.

Business, Consumer, and Class Actions

• As appointed class and Virginia co-counsel, achieved $900,000 common fund class settlement of claims arising from overdraft fees, following unsuccessful efforts by defense to move to dismiss. See Mawyer v. Atl. Union Bank, E.D. Va. No. 3:21CV726 (DJN), 2022 WL 1049311 (E.D. Va. Apr. 7, 2022) (denying motion to dismiss in pertinent part).
• Plea in Bar granted and lawsuit dismissed (Roanoke City Circuit Ct., 2023) for clients defending an LLC membership derivative suit, based upon defense of absence of standing (on appeal).
• Dalton v. Love, 110 Va. Cir. 282, 2022 WL 19767319, at *1 (Lynchburg Cir. Ct. 2022). Representing family beneficiaries of a wrongful death estate, won a bench (judge) verdict granting the removal of wrongful death administrator who was against best interests of the beneficiaries and the estate.
• Representing a respected Roanoke / Salem allergy physician in a lawsuit against his former medical practice, which had used a noncompetition contract to keep him from practicing medicine in the Roanoke Valley, winning a bench trial voiding the noncompete and permitting him to pursue his profession without moving away from his home and his patients. Fame v. Allergy & Immunology PLC, 91 Va. Cir. 66 (Roanoke City Circuit Court, 2015).
• Representing the new employer of several construction and remodeling specialists sued for hiring them in violation of a noncompetition agreement, won a pre-trial motion declaring the noncompete void and unenforceable. Consolidated Construction Services, Inc. v. Hage, et al., CL17-523 (Roanoke City Circuit Court, Nov. 9, 2018).
• Identified, designed, litigated to settlement a nationwide, collective Fair Labor Standards Act (FLSA) action by auditors across the United States for unpaid overtime against a national bank employer.
• Litigated against the United States Government on behalf of a former Veterans Affairs employee client, claiming federal, Rehabilitation Act disability discrimination based upon wrongful termination, earning successful settlement. See Patton v. Shulkin, W.D. Va. No. 7:16-CV-00250, 2018 WL 1321589, at *1 (W.D. Va. Mar. 14, 2018) (Roanoke Div., denying motion for summary judgment in pertinent part).
• Designed, litigated, and settled a whistleblower retaliation case involving a salesman terminated by national tax services company.
• As co-counsel, designed and litigated to multi-million dollar settlement a breach of contract claim for insurance company’s refusal to pay on lapsed life insurance policy, proving insurer contributed to causing the lapse by shifting to improper interest capitalization formula after policyholder borrowed against policy.
• Developed, litigated, and settled a nationwide, consumer fraud class action against international eyewear retailer for fraudulent bait-and-switch “upsell” scheme at retail locations within a nationwide chain of department stores.
• On behalf of a terminated maintenance worker, brought and settled a whistleblower retaliation suit based upon termination for reporting and opposing state environmental violations by his employer, a large-scale food manufacturer.
• Representing a local chapter of hard-nosed, visionary local union officers splitting off from the International United Steelworkers, who had been subverting their local bargaining process for leverage in other locations, assisted the Covington Paperworkers Union Local 675 to form a new union, fight a three-year battle for representation of a 900-member bargaining unit, and to defeat the USW in two landmark, federal representation elections. Represented CPU 675 in a National Labor Relations Board trial to defend against allegations of irregularities in the first election, questioning over 30 witnesses, managing hundreds of exhibits, all with no advance discovery. 
• Litigated and settled a Title VII Civil Rights Act case for racial discrimination against a Central Virginia HVAC company for hostile work environment and discriminatory termination of an African American employee.
• Won a bench trial in Bedford County Circuit Court on behalf of an injured client defeding against equity claims by a worker compensation insurer seeking reimbursement of significant medical expenses paid for treatment of personal injuries, defeating the claims. Yellow Transportation, Inc. v. Oakley, CH04021171-00 (Bedford Co. Cir. Aug. 18, 2006).
• As co-counsel, won a $200,000 jury verdict in federal, Title VII Civil Rights Act race discrimination case on behalf of terminated Black conductor against CSX Transportation (subsequently reversed by Fourth Circuit installing “cat’s paw” legal theory permitting corporate supervisor’s willful blindness to managers’ racially disparate discipline). See Ray v. CSX Transp., Inc., 189 Fed. Appx. 154, 2006 WL 1443501 (4^th 2006).

Appeals to Virginia Supreme Court

• • Stark v. Crumpler, Ct. App. No. 0940-22-3, 2023 WL 4711723, at *1 (Va. Ct. App. July 25, 2023). Successfully reversed order finding civil contempt and awarding damages against two people in Franklin County Circuit Court. (pending petition to V.S.Ct.) Link: https://casetext.com/case/stark-v-crumpler
  • Slusser v. Commonwealth, 74 Va. App. 761, 872 S.E.2d 223 (2022). Briefed and argued the successful appeal charging legal error in the factors and calculation in an order of restitution against a Montgomery County defendant. Link: https://casetext.com/case/slusser-v-commonwealth
  • Richmond v. Volk, 291 Va. 60, 781 S.E.2d 191 (2016): On appeal from a dismissal of a Complaint by a client suffering personal injuries due to a prior attorney’s pleading error, briefed and argued an appeal before the Virginia Supreme Court resulting reversal of a predecessor’s dismissed injury case on defendant’s plea of statute of limitations, later litigated to plaintiff verdict on remand.  Link: https://caselaw.findlaw.com/court/va-supreme-court/1724274.html
  • Siska Revocable Trust ex rel. Siska v. Milestone Development, LLC , 715 S.E.2d 21 (2011): On appeal from a demurrer ruling by Montgomery County Circuit Court (Christiansburg), briefed and argued before the Court a successful appeal reversing the dismissal of a multi-million dollar derivative suit over breaches of fiduciary duties by a hotel company, representing a derivative, minority shareholder.  Link: https://caselaw.findlaw.com/court/va-supreme-court/1580281.html
  • McCloskey v. Kane, 268 Va. 685, 604 S.E.2d 59 (2004): On an appeal of a summary judgment by the Augusta County Circuit Court, granting sovereign immunity to a defendant physician-contractor, briefed and argued before the Virginia Supreme Court a successful appeal in a wrongful death / medical malpractice case against Western State mental hospital.  Link: https://casetext.com/case/mccloskey-v-kane