Jury Can Decide Staircase Fall Claim 
By Deborah Elkins
Published: September 10, 2012
Tags: Judge Douglas E. Miller, Premises Liability, U.S. District Court - Eastern District
A prospective buyer who entered a Fannie-Mae-owned home and was injured when he walked down basement stairs that were missing multiple steps at the bottom can try his claims against Fannie Mae for negligence and negligence per se, but the Norfolk U.S. District Magistrate Judge dismisses plaintiff’s claim for public nuisance. Defendant relies on two [...]
Age, Disability Claims Not Exhausted
By Deborah Elkins
Published: April 17, 2012
Tags: Employment Discrimination, Judge Douglas E. Miller, U.S. District Court - Eastern District
A woman who alleged she was harassed and dismissed due to discrimination against her for her age and condition of fibromyalgia should have her Title VII retaliation claim dismissed, says a Newport News U.S. District Court magistrate judge, because she did not check the “retaliation” box on either her state or federal administrative charge and [...]
Jury for General Maritime Negligence
By Deborah Elkins
Published: February 13, 2012
Tags: Admiralty, Judge Douglas E. Miller, U.S. District Court - Eastern District
The Norfolk U.S. District Court held a boating accident victim could demand a jury trial in his amended complaint against two boat operators; the “saving-to suitors” clause in 28 USC § 1333(1) preserves the common law remedy in general maritime negligence claims asserted against in personam defendants. Victim sustained severe and permanent injuries in a [...]
Piercing Corporate Veil Not Allowed
By Deborah Elkins
Published: October 28, 2011
Tags: Contract, Judge Douglas E. Miller, U.S. District Court - Eastern District
A preservation group that hired defendant boat builder to refit a 42-foot sports fishing boat for use as a children’s summer camp can sue the boat builder’s company for breach of contract, but has not alleged facts sufficient to sue the boat builder and company owner on a theory of piercing the corporate veil, says [...]
No Race Bias Claim for City Worker
By Deborah Elkins
Published: September 14, 2011
Tags: Employment Discrimination, Judge Douglas E. Miller, U.S. District Court - Eastern District
An African-American female plaintiff who claims her job performance was unduly scrutinized because her supervisor wanted to replace her with a Caucasian employee, loses to employer on summary judgment; the Norfolk U.S. District Court says plaintiff has not rebutted the city’s evidence that her work preparing form contracts and related correspondence maintaining contract files was [...]
Pedestrian hit in crosswalk, suffers serious ankle injury – $410,000 Settlement
By Virginia Lawyers Weekly
Published: August 29, 2011
Tags: Federal Courts, Judge Douglas E. Miller, Personal Injury
The plaintiff, an attorney, was a 65 years old at the time of the accident. He was employed by the tort claim section for one of the service branches in Norfolk. He got a ride to a public transit park-and-ride lot after work and was crossing South Independence Boulevard in a crosswalk when the accident [...]
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