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Monthly Archives: March 2007

Insurance – Auto – Med Pay – ERISA Preemption (access required)

Auto liability policyholders suing their carrier for medical payments after an auto accident do not have their breach of contract action preempted by ERISA because a policyholder has received medical coverage under an employee health plan. The policyholders maintain their ...

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Insurance – Policy Coverage – Hurricane Isabel – Claim Adjustment (access required)

A policyholder who claims he “suffered a vasovagal episode caused by the behavior of Allstate and its agents” in the process of adjusting a claim in the wake of Hurricane Isabel in 2003 cannot sue the carrier for negligence. The ...

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Medical Malpractice – Limitations – Chest Pain Diagnosis (access required)

A circuit court overrules a physician’s plea of the statute of limitations to plaintiff’s suit alleging defendant physician misdiagnosed decedent’s chest pains as not heart-related, which allegedly was the proximate cause of decedent’s death, which occurred on May 14, 2004, ...

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Medical Malpractice – Limitations – Delayed Discovery (access required)

Although plaintiff claims he did not know he had been subjected to medical malpractice until he received a letter from another doctor informing him of a preexisting back injury, the plaintiff has not avoided the two-year statute of limitations for ...

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Municipal – Annexation – School Location (access required)

In this dispute between the Town of Purcellville and Loudoun County over the town’s participation, under the parties’ annexation agreement, in administrative procedures related to location of a proposed high school in the joint land management plan under the agreement, ...

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Negligence – Auto Accident – Passenger Suit – Massie Rule (access required)

Although a passenger in a van testified that she did not see the oncoming vehicle when defendant van driver was attempting to turn left across traffic, the van driver cannot use the Massie v. Firmstone rule to get the trial ...

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Negligence – Workers' Comp Bar – Contractor Accident (access required)

An employee of a framing contractor hired for construction of a home, who was injured when he fell during placement of roof trusses, is barred under the workers’ comp exclusivity provision from suing in negligence. Defendants are the owner and ...

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Negligence – Wrongful Death – Workplace Assault – Negligent Retention – Punitive Damages (access required)

A Harrisonburg employer that allegedly failed to respond to numerous employee complaints about one employee who developed a romantic obsession with a female coworker, and who threatened her because he believed she was having an adulterous affair with a male ...

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Tort – False Arrest – Limitations – Inmate Suit (access required)

An inmate at a Virginia correctional facility has his suit against K-Mart alleging assault and battery, false arrest and defamation arising from a 1999 incident dismissed as time-barred. Defendant argues that none of the statutes of limitation governing plaintiff’s causes ...

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