Landau Injury Law

The homeowners insurance company for the parents who hosted a teen sleepover party has settled a wrongful death claim brought by the family of a 14-year-old girl who died in a car crash.  The $1.75-million settlement in the controversial case  was approved by a Henrico County judge.  The money comes from the homeowners’ insurance for the parents of the victim’s friend who were hosting a sleepover visit.  They allowed the two girls to ride with a teenage boy who then crashed his car, killing the plaintiff’s daughter.

In his lawsuit, the deceased girl’s father alleged he told the host parents, “No boys with cars.”  Despite her agreement to that request, the friend’s mother allegedly permitted her daughter to ride with the boy, which left the victim no choice but to go along.

The case produced an opinion from the Supreme Court of Virginia that a parent who agrees to supervise and care for a child has a common law duty to do so with reasonable care.  The court’s ruling sent the case back to Henrico County Circuit Court for trial. According to the stories in Lawyers Weekly, trial had been scheduled for July, 2010. The plaintiff’s family hopes the case will bring attention to the responsibility that adults have towards children in their care and the risks of teenagers driving with multiple teenage passengers.

Bottom line according to car crash and wrongful death attorney Doug Landau: if you agree to take responsibility for someone else’s kids, you had better do so responsibly.  And if the rule is “No driving with boys,” then, as the supervising parent or adult, you allow no driving.

The current edition of the Virginia Lawyer Register had a Proposed Legal Ethics Opinion (#1802) on Advising Clients on the Use of Lawful Undisclosed Recording.  This proposed legal ethics opinion (LEO) addresses the ethical implications of a lawyer’s advising clients regarding the use of undisclosed recording.

After looking at several examples and prior precedent, the Virginia State Bar Legal Ethics Committee concluded that in both of the examples provided, the committee is faced with situations in which the client has asked the lawyer for his or her opinion on how to address the client’s legal problem. Further, the proposed undisclosed recording in both examples is not only lawful, but it could very well be the only means by which the client can obtain relevant information. The committee believes that the circumstances presented are easily distinguishable from and stand in stark contrast to the illegal wiretapping case presented in Gunter v. Virginia State Bar, 238 Va. 617. Click here to read the Proposal

Insurance companies routinely tape record disabled victims and get signed statements while clients are on strong medications and still recovering from their injuries.  Then, when counsel request these statements, the insurance companies resist, stating that they are “protected,” were taken “in anticipation of litigation,” and therefore privileged.  At ABRAMS LANDAU, Ltd. we believe that the insurance companies should have to turn over all statements and that the insureds and victims be allowed to use the same technology.

Fast running, biking, swimming, talking AND working injury lawyer Doug Landau with his Awards from the Bristow "Salute to the Military" Sprint Triathlon held July 18th, 2010 at Vint Hill, Warrenton, Virginia

“How long will it take to get to trial ?”  Herndon Reston trial lawyer Doug Landau hears that question often.  The dog attack and car crash attorney routinely tells clients that cases move very quickly in Northern Virginia, faster than just about anywhere else in the country.   The Virginia and Florida injury lawyer tells clients and their families that if they think their counsel talks fast and runs fast, the Courts in the jurisdictions surrounding the Law Shop are even faster !  That is why the ABRAMS LANDAU trial team tries to have their car crash, premises liability and dog bite accident cases ready for court on at the time they file these personal injury lawsuits.

The statistics released by the Federal government back up Landau’s advice to injured clients.  According to the Judicial Business 2009 Report from the U.S. Courts website as reported in Lawyers Weekly, the Eastern District of Virginia, which has a courthouse in Alexandria and includes Fairfax County, is the fastest Federal District Court in the country.  Not only are cases tried within a year of filing, it is 10 months between filing and trial for civil cases. But Florida’s federal courts are fast gaining on the Commonwealth, especially considering their higher volume of cases. Virginia’s Western District, by contrast, posted a highly respectable 21 months from filing to trial completion of its 11 civil cases.  The slowest Federal Courts are found in Illinois’ Southern District: only 21 cases, but 54 months from filing to completed trial (that’s 4 and a half years !).

Median Number of Months from Filing to Trial for Civil Cases with Completed Trials From Sept. 30, 2008 to Sept. 30, 2009, with (Number of Trials):

1. Virginia, Eastern District 10.2 (38)
2. Wisconsin, Western District 15 (14)
3. Arkansas, Western District 15 (19)
4. Alabama, Middle District 15 (18)
5. Florida, Southern District 15.7 (105)
6. Florida, Northern District 16 (27)
7. Nebraska 16.7 (17)
8. Ohio, Northern District 17 (40)
9. Texas, Western District 17.5 (50)
10. Alabama, Southern District 18 (12)

“Allow Instant Replay in Jury Trials ?”  was the provocative title of an article in the Sept/Oct issue of The Florida Bar Journal.  As an “out of state”member of the Florida Bar, Virginia Florida bar member Doug Landau routinely reviews the publications of the legal community of the “Sunshine State.”  In this well-written article, the author posits:

• In the courtroom, the current equivalent to instant replay is the “read back” of testimony. Simply described, the jury begins deliberation, then requests that certain testimony be read back. However, a Florida jury holds no red flag; nor is it instructed that a read back is allowed, still less what can and cannot be read back.”

Given the conflicts within the case law, as well as the simplicity of replaying recorded testimony, the author proposes that at the close of evidence, a new instruction should be read to the jury in order to end the disputes in the above cases. In both civil and criminal cases, the instruction would be titled, “Read Back of Testimony”:

• “If any of you have questions during your deliberations about any part of the testimony and wish to have parts of the testimony read back to you, please make such a request in writing, giving it to the bailiff which will then be reviewed by me and the parties.”

With such an instruction, the jury instantly would be aware of their right to a read back, thus, ending any “niggling nitpicking.”  Click here to read the entire, provocative article.  At ABRAMS LANDAU, Ltd., Florida Virginia personal injury lawyer Doug Landau is constantly looking for ways to improve our civil jury system.  If you have suggestions, please e-mail us or write to us.

Herndon and Reston premises liability lawyer Doug Landau notes that immediate investigation is needed in PTSD and head injury cases

Herndon head and facial injury lawyer Doug Landau helped write the Premises Liability books for Lexis Nexis over 25 years ago.  During that time, the ABRAMS LANDAU trial lawyer has helped people severely injured by dangers and defects on property and in buildings.  This includes injuries caused by slippery surfaces, defective steps, missing railings, broken curbs and falling objects in Virginia, New Jersey, Florida, Connecticut, Carolina and the District of Columbia.

In a case from Monmouth County, New Jersey, a light weighing approximately 20 pounds fell from a pull down attic stairs and injured an innocent plaintiff.  The plaintiff was a real estate agent and she was showing a home to a prospective buyer.  The realtor sustained several injuries, including a laceration to her lip and chin, dental injuries, fractured fingers, and post traumatic stress disorder (”PTSD”).  The plaintiff realtor contended that the defendant homeowner negligently kept a 10-20 pound light on the pull down attic steps, resulting in the light falling and striking her as she was showing the home to a prospective buyer. The plaintiff contended that she did not exercise any control over the manner in which the light was stored and that the jury should be instructed regarding Res Ipsa Loquitur.

The real estate saleswoman required 60 sutures.  She contended that the moderate facial scarring was permanent in nature. The plaintiff also contended that she sustained several loose teeth, fractures to the left forefinger and thumb which will cause permanent pain and restriction and bruising to the left forearm that resolved.  The plaintiff also maintained that she suffered a post traumatic stress disorder that caused anxiety, flashbacks of the event and difficulties sleeping. The plaintiff’s psychiatrist would have given testimony supporting her injuries and a guarded prognosis.  The defendant contended that any emotional reaction essentially resolved and that the dental and finger injuries resolved.  The case settled prior to trial.

Because there are strict time limits for claims against property owners, building managers and homeowners,  if you or someone you know has been injured in an premises liability or other accident caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

Orientation volunteer Doug Landau and Caroline Salamak, Madeira School Enrollment Manager, eagerly await the arrival of new girls (and parents and grandparents) on campus

Starting a new school can be a frightening and anxiety producing experience, for the student and her parents !  McLean and Fairfax County lawyer Doug Landau was an orientation volunteer today as girls reported from all over the world to the Madeira School to start the Fall semester.  While the busy injury trial lawyer has volunteered at the school as a science fair judge, chaperone, athletic field marshall, capitol hill placement interviewer, open house staffer and driver, this was a new experience.

Often, it was the parents who appeared to be the most anxious.  For some parents, dropping off their daughters at a boarding school and then returning home was harder than they anticipated.  The orientation staff answered questions, solved problems, escorted lost people and helped the students get settled in to their new surroundings.  There was plenty of information for both parents and daughters, and plenty of “hands on deck” to help.  The next morning, Mrs. Landau participated in the “Diversity Breakfast” and assisted the school by answering additional questions and meeting with parents one on one.  So far, it looks to be a great start to another terrific year at The Madeira School !

Ashby Allen of the Allen, Allen, Allen & Allen firm and Doug Landau of Abrams Landau, Ltd. during a chance meeting last evening at the Richmond firm's Staples Mill Road office

After conducting the videotape deposition of a reviewing physician at Henrico Doctors Hospital, traveling trial lawyer Doug Landau ran into an old friend in Richmond.  Ashby Allen is one of the name partners at the Allen law firm and a long time Landau family friend.  Ashby’s father and Doug’s father Norman Landau knew each other and were good friends, and this friendship has continued for 4 generations !  In fact, there were 3 generations of Allens and Landaus at Doug Landau’s wedding in Richmond’s West End 26 years ago this month.  In addition to their personal friendship, the ABRAMS LANDAU law firm and the ALLEN firm have shared tactics, information and documents, as well as referred cases and taught at Continuing Legal Education programs.  Here Doug Landau is pointing out Ashby Allen’s license plate, which could be “ABA” for the “American Bar Association,” but is in fact the senior counsel’s initials !

How do you share the doctor’s testimony with the jury if the doctors are unwilling or unable to come to court for your injury trial ?

Herndon trial lawyer Doug Landau with an example of a medical illustration used to demonstrate a client's ankle injury and surgery during a treating doctor's pre-trial videotape deposition

One method to overcome this problem is to have the deposition of the doctor at a time and place when the doctor CAN attend and participate.  Often this is before or after busy office hours and surgical schedules.  A deposition is simply questioning a witness under oath.  If notice is given to the other side that you intend to use the deposition at trial, then they are prepared to cross examine the doctor so that the proceedings are fair to all parties.  Some doctors, HMOs such as Kaiser Permanente in Virginia and medical providers refuse to cooperate with their own patients and will not participate in testifying as to their own treatment, findings, surgery and billing !  This leaves their injured patients in quite a predicament; if they do not present competent medical evidence, they cannot submit their losses to the jury.  If they do try to present the full extent of their harms, then they must pay thousands of dollars and sometimes get a doctor who did not actually treat them to evaluate their records, examine their bodies and review the medical bills.

At the Herndon Reston area law firm ABRAMS LANDAU, Ltd., we usually invest in the extra expense of having the deposition videotaped so that we can present it to the jury at trial.  In addition to having to pay many hundreds, and even thousands of dollars for the doctor’s time, in advance, trial lawyer Doug Landau must also compensate the court reporter and videographer for their time and efforts.  So, while a pre-trial videotape deposition may be easier for the doctor and save some money for the plaintiff and counsel, at the end of the day the savings are not that much, as doctors’ “video depos” can easily run several thousands of dollars.  Furthermore, as has been pointed out by ABRAMS LANDAU trial team members, video depositions of more than a half an hour are often boring.  Having medical illustrations, exhibits or other demonstrative aids for the jury to look at during the playing of a videotaped deposition at trial can help their understanding and keep their interest while important testimony is presented.

A former cruise ship trumpet player was awarded $1.7 million from a Miami jury after he slipped and fell while on stage on a Royal Caribbean cruise ship.   As a former trumpet player, this verdict caught recreational injury, vacation accident and resort tort lawyer Doug Landau’s eye.   The horn player claimed that the fall injured his shoulder and ended his trumpet-playing career.  The accident was caused by a bit of oil that leaked out from the on-stage fog machine, according to the lawsuit.  The Miami Herald reported that nine years after he slipped on stage during rehearsal, cruise ship trumpeter finally won a $1.7 million verdict against Royal Caribbean for the fall.  A Miami-Dade jury awarded the 40-year-old the money for the August 2001 accident, which was blamed on spilled oil from a fog machine.  The musician’s lawsuit claimed the shoulder injury ended a beloved trumpeting career, since he is only able to lift the instrument for about an hour at a time. The Miami Beach resident now works part-time as an usher at the Adrienne Arsht Performing Arts Center.  The injured plaintiff’s lawyer indicated Royal Caribbean asked jurors to award the injured music maker, who earned about $22,000 a year as a trumpeter, less than $130,000 for his injuries.  In addition to the many years it took to get get his “day in court” in Florida, plaintiff’s counsel noted that he expects to retain only about 40 percent of the verdict amount.  Royal Caribbean Cruises “feels the amount awarded is not supported by the evidence and are currently evaluating our appellate options,” the cruise line said in a statement.

Because there are strict time limits for claims against cruise lines, resorts, property owners and recreational facilities if you or someone you know has been injured in an premises liability or other accident caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.

My friend and experienced Richmond injury lawyer Josh Silverman settled a pit bull attack case.   His client was bitten by a pit bull at a crowded festival.  Plaintiff’s counsel could not find any evidence that the dog had any prior attacks.   The injured dog attack victim’s lawyer hired a dog trainer with no expert witness experience but great credentials in dog training to review the case.  The dog trainer believed that pit bulls can be fine pets, but they need appropriate training.  Without training they can react dangerously in “stressful” situations like large crowds.  Such an expert can help formulate the appropriate questions to ask about the raising of the dog to help assess the strengths and merits of the dog bite case.  The ABRAMS LANDAU law firm has used investigators to find out whether there were “prior similar incidents,” or other bites, attacks, or other aggressive behavior in our Virginia cases, in order to show “notice” to the dog owner such that they can be held responsible in a claim for damages.

If you or someone you know has been injured by a dog or other animal caused by someone else’s negligence or fault, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.