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Personal Injury

Shellfish Supplier Had Notice of Claim (access required)

In a restaurant patron’s suit for damages from food poisoning after eating shellfish at a defendant’s restaurant, the Roanoke U.S. District Court rejects third-party defendant Sam Rust Seafood Inc.’s argument that defendant Frankie Rowland’s Steakhouse failed to give it timely ...

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Officer’s Driving Was ‘Grossly Negligent’ (access required)

In this personal injury suit involving a collision with defendant police officer’s vehicle travelling at excessive speed, without emergency lights, to respond to a drunk-in-public complaint involving a person in her own home, the Lee County Circuit Court concludes the ...

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Officer’s Driving Was ‘Grossly Negligent’ (access required)

In this personal injury suit involving a collision with defendant police officer’s  vehicle travelling at excessive speed, without emergency lights, to respond to a drunk-in-public complaint involving a person in her own home, the Lee County Circuit Court concludes the ...

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Witnesses Struck for Late Disclosure (access required)

In a woman’s suit for injuries from falling down the stairs at the Franconia-Springfield Metro Station, an Alexandria U.S. District Court grants plaintiff’s motion to exclude from defendant WMATA’s witness list individuals not identified within the discovery deadlines; disclosure of ...

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Discovery Ordered for Hospital Risk Manager Notes (access required)

In this medical malpractice case, a Newport News Circuit Court orders pre-service disclosure of medical charts and notes of the hospital’s risk manager regarding the patient and doctor in the case, including party witness statements and the risk manager’s handwritten ...

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‘Actual Knowledge’ is Standard for Gas Utility (access required)

In this personal injury suit arising from a carbon monoxide incident at an apartment in Blacksburg, a Richmond Circuit Court denies summary judgment to defendant utility that supplied the natural gas hot water heating equipment in the apartment. Defendant Atmos ...

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Claims After Nonsuit Are Barred as ‘New’ (access required)

Claims added to a med-mal plaintiff’s recommenced action after nonsuit, alleging defendant physician failed to assess her fetus’s viability, terminated her pregnancy and left her infertile without advising her of other options, are new claims under the “same evidence” test, ...

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Accident Report Was Not ‘Learned Treatise’ (access required)

In these consolidated wrongful death actions alleging defective design of defendant Honeywell International’s autopilot system, the Supreme Court of Virginia reverses a defense verdict because the trial court erred in admitting an investigative report as a “learned treatise,” allowing the ...

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