BMHJ Blog: Legal Information, Resources, & News: Personal Injury / Wrongful Death Defense

A thorough pretrial investigation is usually worth the expense.

Nicholas J. Lawrence, Esquire
July 28th, 2014
By: Nicholas J. Lawrence, Esquire

In this day and age insurance companies, businesses, and claims professionals are all understandably looking for every way possible to minimize legal expenses. However, limiting the pretrial investigation is often a false economy. Two recent cases in northern Virginia illustrate the importance of thorough investigation and case preparation, even in “routine” or minor personal injury cases in general district court. The following summary is of two recent cases involving rear-end collisions with no liability defenses, and no dispute as to the authenticity or reasonableness of the medical bills claimed. The only issue was whether the plaintiffs were truly injured.

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In a Case Arising from the Mass Shooting at Virginia Tech, the Virginia Supreme Court Reaffirmed the High Hurdle (and Foreseeability) to Hold a Property Owner Liable for Crimes of Third Parties.

Dawn E. Boyce, Esquire
Martin Schubert, Esquire
December 17th, 2013
By: Dawn E. Boyce, Esquire and Martin Schubert, Esquire

The facts of Commonwealth v. Peterson, 749 S.E.2d 307, 2013 Va. LEXIS 132 (2013), are readily recognizable. The Plaintiffs were the administrators of two decedents who died in the tragic Virginia Tech mass shooting in 2007. Pursuant to the Virginia Tort Claims Act, the administrators brought a wrongful death action against the Commonwealth of Virginia on the theory that the Commonwealth failed to warn about the potential for criminal acts by third parties.

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Opposing Motions to Quash Medical Record Subpoenas As Overly Broad

Brendan Mullarkey, Esquire
December 3rd, 2013
By: Brendan Mullarkey, Esquire

In a Case of Physical and Mental Suffering, a Subpoena Duces Tecum for Medical Records should not be Quashed or Modified as to Length of Years

Recently, there has been a push to limit the scope of medical records subpoenas in personal injury cases. Attorneys rely on the “good cause” balancing test of Va. Code § 32.1-127.1:03(H) to say that a subpoena for medical records from birth to the present is too broad. However, the case law in conjunction with the Virginia Code shows that in a case involving physical and mental suffering, the broad scope of a subpoena duces tecum for medical records is appropriate.

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Virginia: Where the Defense of Contributory Negligence is Still Alive and Kicking

October 4th, 2013
By: Michelle Hundley, Esquire

Virginia – Where the Defense of Contributory Negligence is Alive and Kicking

The issue of whether and how Virginia should move from a contributory negligence state to a comparative negligence state remains hotly contested between plaintiff and defense counsel in the Virginia Bar. The Virginia General Assembly last decided the issue of comparative negligence in 1984 as House Bill 107. However, the bill was killed in the senate committee without reaching a floor vote in the Senate. Since that time, the Boyd Graves Conference has addressed the issue on numerous occasions. In 2012, John McGavin, Esq., partner at Bancroft, McGavin, Horvath and Judkins, PC, led the Boyd Graves Committee on this issue. The committee submitted a comprehensive report, however, a consensus was not met. The numerous variables that go into reaching such a consensus are described below.

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New Imaging Studies for Brain Injuries: Are They Peer Reviewed or Scientifically Reliable?

January 3rd, 2011
By: Bancroft McGavin Horvath & Judkins

The Virginia Lawyers Weekly had a blog and article posted recently regarding plaintiff’s bar advocating new imaging tests to prove brain injuries. The article quoted John D. McGavin, Esquire on behalf of the defense who advised that these tests should still be challenged and questioned.  He was quoted as follows:

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This blog and the information provided has been prepared by Bancroft, McGavin, Horvath & Judkins, P.C. (“BMHJ”) for information purposes only and is not intended nor to be construed as legal advice. This blog may contain the opinions of the members and associates of this firm on various legal issues and is not legal advice. Read More