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Personal Injury

Folding Cane Prompts Warranty Breach Claim (access required)

A plaintiff’s bare-bones products liability complaint alleging injuries caused by a defective folding cane states a claim for breach of an express warranty under Virginia law, but the Richmond U.S. District Court dismisses plaintiff’s claims for negligent design, failure to ...

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Plaintiff’s Experts Allowed on Spinal Fracture (access required)

A woman injured in a car accident who is suing defendants for medical malpractice in failing to immobilize her unstable spinal fracture and ordering physical therapy without performing CT scans or film studies, may use expert testimony from a board-certified ...

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VA Docs Are ‘Independent Contractors’ (access required)

A plaintiff who alleges he suffered permanent nerve damage, pain and scarring on his neck where defendant doctors negligently performed arthroscopic shoulder surgery cannot sue the U.S. under the Federal Tort Claims Act because defendant physician was an independent contractor ...

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