The Library

Gentry Locke for the Defendant United States District Court, Eastern District of Virginia We represented a large national bank in a long-term disability (LTD) claim arising under the Employee Retirement Income Security Act (ERISA).  The plaintiff was a bank employee until she ended her employment due to physical disabilities. She was paid LTD benefits until the results of an independent medical examination revealed that her current symptoms no longer supported a finding of total disability. Accordingly, her LTD benefits were terminated. The plaintiff brought a claim for breach of fiduciary duty under ERISA against the bank in addition to a more […]

Gentry Locke for the Plaintiff Roanoke City Circuit Court There are two important rules in the practice of radiology: (1) a radiologist must communicate all pertinent anatomy and diagnoses on imaging studies; and (2) a radiologist must clearly and effectively communicate, leaving no room for misunderstandings by clinicians. If a radiologist does not do both of these things, patients will suffer misdiagnoses that will cause serious injury and/or death. On August 16, 2016 our client presented to the LewisGale Medical Center Emergency Department with abdominal pain, nausea and vomiting after having undergone a colonoscopy the day before. Our client’s clinicians […]

Gentry Locke for the Plaintiff Warren County Circuit Court In May of 2016, our client traveled northbound on Interstate 81 in Warren County, Virginia. When our client approached an interstate crossover, a work truck for an asphalt and paving company illegally used the crossover to go from I-81 South to I-81 North. This resulted in a substantial crash which caused our client’s vehicle to catch fire. The driver of the work truck was charged with reckless driving and illegal use of a crossover, and was ultimately found guilty of both charges. Our client suffered a broken leg which required surgery, extensive […]

Gentry Locke for the Defendant United States District Court, Western District of Virginia After being informed that our client intended to file a trade secret misappropriation case in Ohio on behalf of its business, the opposing company filed a declaratory judgment action in Franklin County Circuit Court seeking a ruling that it had not misappropriated any of our client’s trade secrets. Gentry Locke attorneys Kevin Holt and Alicha Grubb then removed the Virginia case to Federal Court and moved to have it dismissed.  The Virginia Federal Court granted the motion, finding that the opposing company had improperly filed the declaratory judgment action first in “an improper attempt […]

Gentry Locke for the Defendant Fairfax County Circuit Court Gentry Locke attorneys successfully defended a large, residential real estate brokerage firm in a breach of contract case.  The plaintiff, a North Carolina consulting firm, designed new commission plans for our client’s thousands of real estate agents in the mid-Atlantic region. The plaintiff contended that it was owed $1.4 million in cumulative incentive payments based on improvement to the brokerage’s “company dollar” percentage, or profit margin, over the five-year period following adoption of the plans. However, under a plain reading of the contract and the brokerage’s financial performance, no incentive payments were […]

Gentry Locke for the Defense Circuit Court for the County of Richmond Gentry Locke successfully represented property owners in a zoning dispute. The County’s zoning administrator approved plans for the property owners to build a two-story garage on their property, and the zoning administrator certified that the plans fully complied with the County’s Zoning Ordinance. However, unbeknownst to the property owners, the zoning administrator did not review the zoning application or the building plans. In good faith reliance on the zoning administrator’s certification of compliance with the Zoning Ordinance, the property owners built the garage. Several months after construction was […]

Gentry Locke for the Plaintiff Fairfax County Circuit Court Karen Ebersole was 55 years old when a right middle cerebral artery bifurcation aneurysm was incidentally found on MRI.  She was a candidate for both neurosurgical and neuro-endovascular intervention.  She ultimately chose to pursue a neuro-endovascular “coiling” procedure to be performed by the defendant doctor.  Ironically, the defendant doctor was one of the partners at Fairfax Radiological Consultants, Ms. Ebersole’s long-time employer.  The procedure was performed on May 6, 2013 under general anesthesia.  The paralytic drug rocuronium was used for paralysis at the beginning of the procedure to facilitate intubation.  The […]

Gentry Locke for the Plaintiff Gentry Locke represented a two-year-old girl and her mother’s estate. The girl was riding with her mother and father when their car collided with another car. There was evidence that both drivers had been drinking and one was speeding. Tragically, both of the girl’s parents died in the crash, as well as the driver of the other car. The girl suffered injuries as did the two passengers in the other car. The estate of the driver of the other car and his insurance company blamed the girl’s mother and grandmother for allowing the girl to ride with her father […]

Gentry Locke for the Plaintiff Pulaski County Circuit Court The driver of a truck on I-81 in Pulaski County rear-ended our client’s car when traffic had come to a stop. He was unable to stop in time as a result of not paying attention to traffic conditions. As a result of his inattentive driving, our client suffered injuries to her neck and back. Attorneys for the truck driver claimed that her injuries were the result of extensive pre-existing conditions and were not caused by the crash. Despite the dispute over the cause of the injuries, the defense settled the case for […]