No FTCA Claim for Foot Injury by Mail Carrier

‘Black Ice’ Slip & Fall Goes to Jury

By Deborah Elkins
Published: April 24, 2013
Tags: Judge James C. Turk, Negligence, U.S. District Court - Western District

A Food Lion customer who slipped on black ice near the store entrance after a store manager allegedly had observed icy spots in the parking lot several hours earlier may take her slip-and-fall case to the jury, as a Roanoke U.S. District Court says the store and its snow-removal contractor have failed to show an [...]

Birth Injury Recovery May Exceed Cap

By Deborah Elkins
Published: April 23, 2013
Tags: Justice LeRoy F. Millette Jr., Medical Malpractice, Supreme Court of Virginia

A med-mal carrier is required to defend an action filed by parents who alleged defendant physician represented that he participated in Virginia’s Birth Injury Fund, but failed to pay into the Fund, which is not available to cover neurological injuries suffered by their child at birth; the Supreme Court of Virginia affirms declaratory judgment for [...]

Driver, Passenger P.I. Suits Severed

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

In this auto-accident personal injury case, a Richmond Circuit Court grants a motion to sever a plaintiff parent’s case against defendant driver from her son’s case, as the plaintiff parent has an extensive medical history and the plaintiff passenger does not. In light of the extensive medical history discovery has revealed as to plaintiff parent, [...]

Officer Has Sovereign Immunity for Accident

By Deborah Elkins
Published: April 22, 2013
Tags: Charlottesville Circuit Court, Negligence, Virginia Circuit Courts

The Charlottesville Circuit Court grants a plea of sovereign immunity to a police officer who was responding to another officer’s call for assistance in handling traffic after a two-vehicle collision on a dark, rainy night; defendant officer was engaged in a governmental function when he was attempting to position his vehicle to divert traffic. Officer [...]

‘Informed Consent’ Evidence Excluded

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Jackson L. Kiser, Medical Malpractice, U.S. District Court - Western District

In a plaintiff’s suit alleging malpractice by three ophthalmologists, a Danville U.S. District Court says evidence of plaintiff’s informed consent to the cataract surgery is not relevant and will be excluded, and evidence of known complications may be used only to support the contention that a complication may arise even if a surgery is performed [...]

TASER Expert’s Testimony Limited

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Glen E. Conrad, Products Liability, U.S. District Court - Western District

In this case against a stun gun manufacturer for allegedly failing to provide sufficient warnings about the weapon’s risk for people with heart conditions, a Charlottesville U.S. District Court says earlier limitations it placed on testimony by plaintiff’s expert about TASER’s instructional warnings are not fatal to plaintiff’s case, and defendant’s motion for summary judgment [...]

No Suit for Food-Court Spill

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Claude M. Hilton, Negligence, U.S. District Court - Eastern District

A Costco store wins summary judgment in this personal injury suit filed by a customer who slipped in liquid on the floor near the food court; the Alexandria U.S. District Court says plaintiff has not shown store personnel were aware of the spilled liquid, which another customer observed happened shortly before plaintiff fell. The undisputed [...]

Defendant Must Share Statement to Carrier

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Leslie L. Lilley, Negligence, Virginia Beach Circuit Court, Virginia Circuit Courts

A Virginia Beach Circuit Court grants plaintiff’s motion to compel production of defendant’s recorded statement to her insurance company one day after the subject automobile accident, but declines to rule on plaintiff’s request for defendant’s surveillance video of plaintiff without more facts. The statement at issue was taken by the agent of defendant’s insurance company [...]

Sanctions Sought for Possible Misjoinder

By Deborah Elkins
Published: April 16, 2013
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

In this suit seeking damages for an assisted-living residents for alleged injury from a bed bug infestation, to which plaintiff has added claims for financial mismanagement of funds for plaintiff’s care, a Richmond Circuit Court will take under advisement defendant’s motion for sanctions under Va. Code § 8.01-271.1. Plaintiff, a resident of an assisted living [...]