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Personal Injury

Negligent Entrustment, Retention Claims Advance (access required)

A landscaping company whose driver rear-ended plaintiff can be sued for negli­gent entrustment and negligent retention based on allegations that the employer knew the landscaper had been involved in another recent collision with the same truck and trailer, and the ...

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Court Rejects ‘Criminal Act’ Policy Exclusion (access required)

In a disabled adult’s suit seeking damages for second-degree burns she suffered in 2011 while in the care of de­fendant home health agency’s employee/ independent contractor, the Norfolk Cir­cuit Court denies summary judgment to defendant insurance company based on its ...

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Contrib Jury Instruction Allowed in Med-Mal Case (access required)

A Roanoke City Circuit Court denies plaintiff estate’s post-trial motion objecting to a jury verdict for defendant emergency room physician, rejecting the estate’s con­tention that the trial court erred in granting defendant a jury instruction on contributory negligence in this ...

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Claims Dismissed in Truck Driver’s Rear-End Wreck (access required)

Merely stating that defendant was a professional driver of a commercial tractor-trailer when his poultry truck rear-ended plaintiff’s vehicle on Interstate 81 is not sufficient to state a claim for willful and wanton negligence, and the Roanoke U.S. District Court ...

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Med-Mal Plaintiff Sues for Negligent Credentialing (access required)

A Lynchburg Circuit Court says a plaintiff suing for medical malpractice by defendant physician also has stated a claim for negligent credentialing and privileging with allegations that he reasonably relied on defendant’s credentialing process and that such reliance caused him ...

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