Jury Award Not ‘Inadequate’ 
By Deborah Elkins
Published: May 15, 2012
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts
A Richmond Circuit Court denies plaintiff’s motion to set aside as inadequate a jury verdict awarding $4,500 for bodily injuries, pain and inconvenience, in addition to $12,628 for medical expenses.
The case was submitted to the jury on a special verdict due to an unrelated dispute over the disclosure pretrial of the amount of medical expenses [...]
Accrual Question Saved for Trial
By Deborah Elkins
Published: May 8, 2012
Tags: Judge Melvin R. Hughes Jr., Medical Malpractice, Richmond Circuit Court, Virginia Circuit Courts
A Richmond Circuit Court says the parties in this med-mal action alleging failure to diagnose cancer should put on evidence to resolve the statute of limitations issue at trial, rather than trying to resolve it before trial.
I have read St. George v. Pariser, 253 Va. 329 (1997), and Lo v. Burke, 249 Va. 311 (1995). [...]
Carrier Wins Punitive Damages
By Deborah Elkins
Published: May 1, 2012
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts
A Richmond Circuit Court denies a motion to set aside a jury award, including $350,000 in punitive damages, to an insurance carrier who sued its former adjuster for fraud and conversion for causing plaintiff to issue checks for property damage claims for work not performed by contractors, to obtain funds for work at the homes [...]
School Official Faces Gross Negligence Claim
By Deborah Elkins
Published: May 1, 2012
Tags: Justice LeRoy F. Millette Jr., Negligence, Supreme Court of Virginia
An assistant principal who failed to act on a student’s warning about a fight at his high school enjoys sovereign immunity from a claim of negligence, but now faces a new trial on a claim of gross negligence; the Supreme Court of Virginia reverses the trial court’s $1.25 million judgment against the principal and remands [...]
County Immune in Park Injury Suit
By Deborah Elkins
Published: May 1, 2012
Tags: Justice William C. Mims, Negligence, Supreme Court of Virginia
A plaintiff who claims she was injured as a result of the county’s gross negligence in maintaining a public park cannot recover from the county; the Supreme Court of Virginia affirms dismissal of plaintiff’s claim, but says the court should have granted the county’s special plea of sovereign immunity.
The circuit court sustained the demurrer as [...]
Plaintiff’s Recorded Statement Admissible
By Deborah Elkins
Published: May 1, 2012
Tags: Judge James V. Lane, Negligence, Rockingham County Circuit Court, Virginia Circuit Courts
A plaintiff in an auto-accident personal injury case may not exclude a recorded statement she made pertaining to the parties’ auto accident, which was reproduced in a transcript, but the Rockingham County Circuit Court says plaintiff may object during trial should the statement be used for an improper purpose under Va. Code § 8.01-404.
Code § [...]
Partner of Plaintiff’s Expert Can Testify for Defense
By Deborah Elkins
Published: April 24, 2012
Tags: Justice William C. Mims, Negligence, Supreme Court of Virginia
A personal-injury plaintiff cannot exclude defense testimony from a doctor in the same practice group as the doctor initially named as plaintiff’s retained expert, because she cannot show they shared any confidential information from plaintiff’s medical records; also, plaintiff’s objection to the foundation for a “business records” exception allowing her medical records to come into [...]
Store Has No Liability for Wine Spill
By Deborah Elkins
Published: April 11, 2012
Tags: Judge James R. Spencer, Negligence, U.S. District Court - Eastern District
A Kroger customer who slipped and fell after a wine distributor’s employee attempted to mop up a spill from a broken bottle loses her premises liability suit, as the Richmond U.S. District Court grants judgment as a matter of law during a jury trial on the claim.
The court finds Adams failed to provide sufficient evidence [...]
Court Denies Costs for Defense Win
By Deborah Elkins
Published: April 6, 2012
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District
In this unsuccessful products liability suit against the manufacturer of a child safety seat, the Abingdon U.S. District Court exercises its discretion to deny defendant’s request for costs under Fed. R. Civ. P. 54(d)(1).
Defendant seeks $51,237, representing court reporter fees and fees for subpoenas, printing and photocopies, among other things. Plaintiff makes specific objections to [...]
Court Allows Respondeat Superior Amendment
By Deborah Elkins
Published: April 2, 2012
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Negligence, Virginia Circuit Courts
Plaintiff may amend her negligence suit to plead respondeat superior, as the Charlottesville Circuit Court reconsiders its earlier decision and says respondeat superior is not a new cause of action for statute of limitations purposes, but a legal theory of liability.
In this case, if respondeat superior is a separate action from the underlying negligence claim, [...]
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