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No ‘Comp bar” from Equipment Assembly (access required)

By Deborah Elkins
Published: May 14, 2013
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Although a rental company employee who delivered sanitation equipment to a job site spent several extra hours assembling the custom equipment, he is not a statutory employee of defendant construction company, and the Norfolk Circuit Court overrules defendant’s special plea in bar of the Workers’ Compensation Act. The parties have stipulated that sanitation, the work [...]

P.I. plaintiff succeeds on second try after mistrial – $200,000 Verdict (access required)

By Virginia Lawyers Weekly
Published: April 30, 2012
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On March 31, 2010, the plaintiff, a 23-year-old resident of Virginia Beach, suffered injuries when his vehicle was forced off the road by an unknown motorist on I-64 and slammed into construction equipment parked on the shoulder. There was no contact with the John Doe vehicle. After a brief investigation, the investigating trooper issued a [...]

Scenes from the VTLA (access required)

By Peter Vieth
Published: April 9, 2012
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With 12 hours of continuing legal education from leaders of the bar, the court and the legislature, good advice was in plentiful supply at the annual convention of the Virginia Trial Lawyers Association at The Greenbrier last month. Some samples: About Facebook “Never, ever, ever, ever tell your client to delete anything,” said Malcolm P. [...]

Comp Bar Does Not Stop Shipworkers’ Suit (access required)

By Deborah Elkins
Published: September 27, 2011
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Although plaintiffs, a ship mechanic and a pipe fitter, received workers’ comp benefits under state and federal law through their employer, BAE, for their alleged injuries from inhaling fumes from a substance used by subcontractor Capitol Finishes during repair work on the U.S.S. Leyte Gulf, plaintiffs are not barred from suing Capitol and the general [...]

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