Jeff DowneyIn Cain v. Lee et al., 772 S.E.2d 894 (Va. 2015), the Virginia Supreme Court recently addressed the scope of punitive damages in a driving under the influence (“DUI”) case. The plaintiffs in Lee filed suit after being injured in a motor vehicle accident caused by the defendant. The defendant was arrested at the scene … Read more →
In Destefano v. Children’s National Medical Center, 2015 WL 4477820, the District of Columbia Court of Appeals recently addressed the scope of negligent infliction of emotional distress claims under D.C. law. The Destefano case arose from an incident where six-year-old boy suffered injuries after falling down a twenty-five-foot-deep air shaft that had been left exposed … Read more →
In Toomer v. William C. Smith & Co., Inc., 112 A.3d 324 (D.C. 2015), the D.C. Court of Appeals recently addressed the duty of care owed to trespassers in premises liability cases, as well as the application of the private necessity privilege to such cases. In Toomer, the plaintiff, a dog owner, attempted to climb … Read more →
DC Whistleblower Attorneys Qui Tam (Whistle-Blower) Medicare false healthcare claims legal complaints and related documents were recently in a False Claims Act case against HCR ManorCare for alleged Medicare fraud committed by its skilled nursing facilities. HCR ManorCare, based in Ohio, is the second largest nursing home chain in the United States, with some 500 … Read more →
MD Nursing Home Abuse Attorneys Weigh In: Voices for Quality Care, an important advocacy group for seniors in the District of Columbia and Maryland, has published their annual survey for nursing homes. The news is not good. Maryland nursing homes scored a “D” on the National Report care assessing staffing and quality of care. Enforcement of … Read more →
This vehicular negligence case in U.S. District Court in Lynchburg, Virginia, arises from a situation where a tractor-trailer overheated and became disabled in an area on Interstate 81 with no right or left shoulder. A second tractor-trailer then struck the disabled vehicle, causing injuries to the disabled tractor-trailer’s driver. The injured driver brought suit against … Read more →
A recent study from the National Highway Safety Administration found that drivers who are high on marijuana are at significantly lower risk for getting into an accident than drivers who use alcohol. In fact, drivers who tested positive for marijuana were no more likely to crash than those who had not used any drugs or … Read more →
DC Elder Abuse Attorneys Weigh In: In 2014, the U.S. Department of Justice and the U.S. Department of Health and Human Services jointly announced a framework for tackling issues of abuse and neglect faced by elderly individuals in the United States. Known as The Elder Justice Roadmap, the framework is the result of a comprehensive … Read more →