A Virginia man is embroiled in a legal battle over allegations of medical malpractice. Robert Thornhill filed a complaint against Commonwealth Eye Center, P.C., and Dr. D. Russell Brear, accusing them of negligence during an intraocular lens surgery that allegedly resulted in harm to his vision. The case was filed in the Circuit Court of Culpeper County, with proceedings beginning on March 20, 2023.
Thornhill’s lawsuit claims that Dr. Brear breached the standard of care expected from an eye surgeon, which directly caused injury to Thornhill’s eyesight. Initially filed in April 2019 and nonsuited in April 2021, Thornhill refiled the case in October 2021. The court issued a Uniform Pretrial Scheduling Order (UPSO) mandating both parties to exchange and file witness and exhibit lists by March 6, 2023. However, Thornhill failed to file these lists with the court despite exchanging them with Commonwealth Eye Center.
Five days before the trial was set to begin, the presiding judge contacted both parties regarding their compliance with the UPSO. Commonwealth Eye Center had met its obligations; however, Thornhill had not filed his lists with the court due to what he described as inadvertence. This oversight led Commonwealth Eye Center to object to Thornhill’s evidence being introduced at trial and moved for summary judgment on these grounds.
The circuit court sided with Commonwealth Eye Center, ruling that because Thornhill did not comply with filing requirements outlined in the UPSO, he could not present any evidence or witnesses at trial—a decision that effectively dismissed his case. The court emphasized that while Thornhill exchanged his lists with opposing counsel timely, failing to file them violated procedural rules designed to ensure fair trials.
On appeal, a divided panel initially upheld this decision but upon rehearing en banc, reversed it. The appellate court found that the lower court abused its discretion by imposing overly harsh sanctions for what it deemed a minor procedural misstep—particularly since there was no surprise or prejudice suffered by Commonwealth Eye Center due to the late filing.
Thornhill seeks relief from these sanctions and hopes for a remand for further proceedings where he can present his case fully. His attorneys argue that dismissing his lawsuit based solely on procedural grounds without considering substantive rights is unjust.
Representing Robert Thornhill are E. Kyle McNew and D. Cory Bilton from MichieHamlett PLLC. Paul T. Walkinshaw leads the defense team for Commonwealth Eye Center alongside M. Logan Blake and Kristina L. Fattoum from Wharton Levin Mitchell & Simopoulos PLLC. Judge Dale B. Durrer presided over the initial circuit court proceedings under Case ID No: CL21001338-00.
Source: 0635234_Thornhill_v_Commonwealth_Eye_Center_PC_Opinion_Virginia_Court_of_Appeals.pdf