Trip & Fall Dismissed for ‘Turned-Up’ Mat

Dismissal Denied for Defamation Claims

By Deborah Elkins
Published: January 7, 2013
Tags: Judge Thomas D. Horne, Loudoun County Circuit Court, Tort, Virginia Circuit Courts

A Loudoun County Circuit Court denies a plea in bar filed by defendants to plaintiff’s defamation suit, based on plaintiff’s allegations that defendants arranged for photographs of plaintiff being arrested for embezzlement and for further dissemination of those photos, even though plaintiff, their former residential property manager, was acquitted of the alleged embezzlement. Plaintiff Deanne [...]

No Personal Jurisdiction Over Japanese Company

By Deborah Elkins
Published: January 7, 2013
Tags: Civil Procedure, Judge Norman K. Moon, U.S. District Court - Western District

A Lynchburg U.S. District Court says service of process on defendant Japanese company was sufficient despite having been returned to her for failure to include copies, but the court dismisses plaintiff’s products liability suit for lack of personal jurisdiction and failure to state a claim. Plaintiff alleges she was given a pharmaceutical drug injection containing [...]

Claim Form Admissible at FELA Trial

By Deborah Elkins
Published: January 7, 2013
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

In a railroad worker’s suit under the Federal Employers Liability Act, a Richmond Circuit Court denies plaintiff’s motion in limine to prevent defendant railroad from introducing into evidence statements made by plaintiff’s treating physician in a “Supplemental Disability Claim Form.” Plaintiff alleges injuries as a result of defendant’s negligence which occurred during a ride in [...]

No FTCA Claim Based on Veteran Benefits

By Deborah Elkins
Published: January 2, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge G. Steven Agee, Tort

Although a veteran’s widow won payments from the Veterans’ Administration under 38 U.S.C. § 1151 after her husband died from alleged medical negligence, she cannot advance the VA rating that won her benefits to pursue her claim under the Federal Tort Claims Act, and the 4th Circuit affirms dismissal of her claims for wrongful death [...]

Drywall Installers Face Building Code Claims

By Deborah Elkins
Published: December 19, 2012
Tags: Judge Mary Jane Hall, Norfolk Circuit Court, Products Liability, Virginia Circuit Courts

A Norfolk Circuit Court preparing to try homeowners’ claims against defendant installers of defective Chinese drywall will exclude evidence of negligence by other defendants who may have settled their claims in multi-district litigation in federal court and will prohibit installer defendants from arguing they are not covered by the Building Code; the court also overrules [...]

Damages Awarded for Breach of Loyalty Duty

By Deborah Elkins
Published: December 19, 2012
Tags: Judge Anthony J. Trenga, Tort, U.S. District Court - Eastern District

After finding that defendant, director of a Moldavan LLC that sold software products in the U.S. and around the world, breached a fiduciary duty of loyalty and committed tortious and statutory violations when he restructured the company and acted to benefit his own separate company, an Alexandria U.S. District Court awards plaintiff company $108,637.82 for [...]

No Legal Malpractice from Med-Mal Settlement

By Deborah Elkins
Published: December 18, 2012
Tags: Judge James C. Turk, Negligence, U.S. District Court - Western District

Although plaintiff blames defendant law firm that formerly represented him for an unsatisfactory settlement of his medical malpractice suit because the firm ultimately withdrew from representation after his first attorney left the firm, the Roanoke U.S. District Court dismisses plaintiff’s suit with prejudice, as plaintiff had adequate time to hire a new attorney. Plaintiff was [...]

Comp Is Sole Remedy for Errant Golf Swing

By Deborah Elkins
Published: December 18, 2012
Tags: Judge Robert G. Doumar, Tort, U.S. District Court - Eastern District

A program assistant for an engineering firm that contracted with the U.S. Navy on a submarine modernization project cannot sue the U.S. for injuries she sustained when, on a golf outing and “team building” exercise with her manager and coworkers, her manager swung a golf club at full strength and struck the assistant in the [...]

P.I. Suit Tossed for Undisclosed Medical History

By Deborah Elkins
Published: December 5, 2012
Tags: Judge Michael F. Urbanski, Negligence, U.S. District Court - Western District

A Harrisonburg U.S. District Court says it will sanction a personal injury plaintiff for his failure to disclose his extensive medical history of treatment for chronic back and joint pain, by dismissing his suit alleging injuries from driving over a drive shaft that fell from defendant’s truck; in addition, plaintiff has failed to create a [...]