Attorney Jud Andrew Fischel's Legal Cases

Criminal defense

Commonwealth vs. White

N/A

OUTCOME: Capital Murder/Armed Robbery amended to First Degree Murder. Acquited on re-trial. Found Guilty of Robbery

Mr. White and a Co-Defendant were indicted for Capital Murder and Armed Robbery. Mr. White was tried and convicted of First Degree Murder and Armed Robbery by a jury. His convictions were set aside ... when it was revealed that certain exculpatory evidence was withheld from Mr. White’s defense counsel. In his re-trial, he was acquitted of murder but convicted of Armed Robbery. A significant aspect of the case was the challenge by Mr. Fischel on behalf of the Defendant to the Constitutionality of the use of the electric chair as the method of execution in the Commonwealth of Virginia. Up to this point in time, this specific issue had never been litigated in the United States. During Pre-Trial Motions, the Trial Court was asked to order the Commonwealth to produce all engineering, diagrams and electrical schematics and procedures regarding use of the electric chair. The work of Mr. Fischel regarding the challenge to the electric chair gained national attention in several legal journals including The New York University Law Review. This challenge led the Virginia General Assembly to change public policy by adding Lethal Injection as an option for execution in the following legislative session.

Car accident

Bailey vs. Harris

N/A

OUTCOME: $750,000.00 Settlement

Ms. Bailey was turning left from the southbound lane of Route 29 in the area of Opal, Virginia when she was struck by Defendant Harris. Due the Defendant’s speed and subsequent plea of guilty to a Rec ... kless Driving Charge, the Defendant was deemed culpable. Ms. Bailey was trapped in her vehicle, which was destroyed by the impact. One of her legs was pinned through the firewall and caught under the engine block. Ms. Bailey suffered an 80% permanent disability rating of her leg which, coupled with upper body injuries, was determined to be a 50% total disability rating of her whole body.

Personal injury

Dye vs. Commonwealth of Virginia Department of Weights and Measures, et al

N/A

OUTCOME: Full Workers' Compensation Benefits plus a $290,000.00 cash settlement from the manufacturer

Mr. Dye was employed by the Commonwealth of Virginia Department of Weights and Measures. He primarily tested the accuracy of commercial scales at loading docks, granaries, etc. He operated a box-tr ... uck which contained a self-propelled, wheeled machine which could be run onto the subject scale. It, plus additional testing weights, weighed in excess of 2,000 pounds. Mr. Dye properly placed his right (dominant) hand between the wall of the truck and the testing rig; he reached in to the control mechanism and started the machine. Unexpectedly, the machine surged toward him and caught his arm between the rig and truck wall while stuck on the ramp. As a result, Mr. Dye was knocked down, pinned in place and unable to extract himself for approximately two (2) hours until found by an employee of the scale operator. He suffered a complete degloving of the skin on his hand and forearm plus several fractures and irreversible nerve damage to his dominant hand. Subsequently, it was discovered that the manufacturer had been on notice of prior defective performance with other such machines. Mr. Dye suffered a 100% permanent disability rating of his right extremity. He was awarded lifetime medical expenses related to the injury and the statutory allowance for his lost earning capacity. The manufacturer settled the third party claim for $290,000.00 with certain concessions as to subrogation and attorney’s fees.

Personal injury

Serttas vs. Formal Occasions, Inc.

N/A

OUTCOME: Plaintiff Awarded Lifetime Wage and Medical Benefits Valued at Over $3,000,000.00

Mrs. Serttas was employed in a Bridal Salon. She was the victim of an armed robbery during which she was shot in the lower spine causing total paralysis from the waist down. Initially, she was advi ... sed by her employer that there was no Worker’s Compensation because the corporation had only two (2) employees, the victim and the owner. At the time, Virginia law required Worker’s Compensation Insurance if there were three (3) or more employees. In fact, there were four (4) employees pursuant to the statutory definition of “employee” under Virginia Worker’s Compensation Laws. These included the two (2) Directors of the Corporation, the owner and Mrs. Serttas. As a result, Mr. Fischel made a successful claim upon the Virginia Uninsured Employer’s Fund for lifetime medical and disability benefits. The award was calculated to exceed Three Million Dollars over her lifetime.

Wrongful death

Confidential Settlement

N/A

OUTCOME: Settlement for $350,000.00 for compensation subject to a Confidentiality Agreement as to the parties

A four (4) year old female child drowned at a residential community swimming pool over a Holiday weekend. Due to a problem with the filtration system and an imbalance in chemicals, the pool water was ... murky and cloudy such that the bottom was not visible. The bottom was visible only at the steps into the shallow water where she was playing. Ultimately, the child went under the water and was unable to be located for a period of time. Attempts to resuscitate her failed. The Management Company was reluctant to settle the case, but there were no legal defenses against the child such as assumption of the risk or contributory negligence. The child’s Estate was the potential Plaintiff, thus these arguments were deflected since those two (2) defenses could not be brought against the child.

Criminal defense

Commonwealth vs. Cardenas

N/A

OUTCOME: Acquitted of ALL Twenty-two (22) Indictments

Defendant was accused by his fourteen (14) year old step-daughter of twenty-two (22) sexual abuse felonies which allegedly occurred starting when she was thirteen (13) years old and continued until she ... was fourteen (14). The adolescent was placed in Foster Care at her mother’s request because she sided with her husband and did not believe the accusation. By use of a variety of documentary evidence, Mr. Fischel successfully impeached the complaining witness. This led to a very rapid (20 minute) jury deliberation and the Defendant was acquitted on all twenty-two (22) counts.

Criminal defense

Commonwealth vs. Neal

N/A

OUTCOME: Conviction of Felony Leaving the Scene of an Accident was reversed by the Virginia Court of Appeals and Dismissed

Case was assigned to Mr. Fischel on Appeal. Mr. Neal had been convicted of Driving While Intoxicated, Felony Hit and Run and Misdemeanor Hit and Run. Mr. Neal was operating his motor vehicle and su ... ddenly came around a curve; saw an ambulance, police cars and other vehicles stopped in the oncoming lane. He was confronted by another vehicle ahead of him in his own lane which had stopped suddenly due to the emergency equipment ahead. There was disputed testimony as to whether or not Mr. Neal’s vehicle bumped, tapped or even touched the vehicle in front of him. A Deputy Sheriff on the scene spoke to each driver while in their automobiles and directed them to park on the side of the road, out of the way. Mr. Neal, not knowing what was said by the other drive, made a “U-turn” and left the scene due to his alcohol consumption. He was chased, caught and arrested on the three (3) charges. The basis for the felony charge was 1) a claim that there was impact and 2) the other driver advised the Deputy that she was in pain due to the impact and pre-existing cervical surgery. Mr. Neal pled guilty to the D.U.I offense in General District Court. This was not the subject of Appeal. He was convicted of both types of Hit and Run in the Circuit Court. He did not appeal the property damage Misdemeanor Hit and Run. On Appeal, Mr. Fischel argued that 1) Mr. Neal did not know there was a personal injury. 2) The whole purpose of the Hit and Run Statute had been met once the Deputy ascertained the clam of injury. First responders on the scene were immediately available and they would not have allowed a layman to intervene. This Appeal was successful. He was released from custody upon the reversal and dismissal by the Court of Appeals.

Jud Andrew Fischel's Legal Cases (7)

Commonwealth vs. White

Bailey vs. Harris

Dye vs. Commonwealth of Virginia Department of Weights and Measures, et al

Serttas vs. Formal Occasions, Inc.

Confidential Settlement

Commonwealth vs. Cardenas

Commonwealth vs. Neal