Tag Archives: Judge Walter W. Stout III

The Empty Chair (access required)

Empty Chair in an Interrogation Room

Despite a plea from trial lawyers for guidance on when a defendant can cast blame on outsiders in a tort case, the Supreme Court of Virginia’s latest ruling on the issue of superseding cause is unlikely to resolve the issue. ...

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Justices hear products liability appeal (access required)

Furnaces Water Heaters FEA

A group of former Virginia Tech students who were poisoned by carbon monoxide from an over­worked water heater could get a second chance to recover from the manufacturer of the heater. The Supreme Court of Virginia is consid­ering whether a ...

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‘Actual Knowledge’ is Standard for Gas Utility (access required)

In this personal injury suit arising from a carbon monoxide incident at an apartment in Blacksburg, a Richmond Circuit Court denies summary judgment to defendant utility that supplied the natural gas hot water heating equipment in the apartment. Defendant Atmos ...

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Woman claims she was unlawfully incarcerated for 87 days – Defense verdict (access required)

Plaintiff was arrested on or about Oct. 22, 2009, for threatening to burn her mother’s house in violation of §18.2-83 of the Code of Virginia. Following her arrest, plaintiff was incarcerated, initially at the Hampton City Jail and subsequently the ...

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No expert fees when a nonsuit is taken at trial (access required)

When a plaintiff takes a nonsuit during trial, the defendant is not entitled to fees and costs for its expert witnesses, according to a Richmond Circuit judge. The nonsuit statute, Virginia Code § 8.01-380(C), permits the assessment of expert witness ...

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Contaminated Infant Formula Not Covered by Policies (access required)

An infant formula manufacturer that had to destroy $6 million worth of formula contaminated by melamine and disintegrated filter components does not have insurance coverage for the loss under the pollution/contaminant endorsements in three policies, but only has coverage for ...

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Law firm not required to indemnify carrier for Medicare shortfall (access required)

A law firm settling a personal injury claim does not have to indemnify an insurance company for any potential shortfall owed to Medicare, a Richmond circuit judge has ruled. The case highlights the latest skirmish to develop since the federal ...

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Injury from intentional crash covered by UM insurance – $401,000 Verdict (plus interest) (access required)

Plaintiff was a 70-year-old man whose son had two children with the defendant. The defendant got into a dispute with the plaintiff’s son, and came over to the plaintiff’s house on the morning of March 6, 2009, and smashed out ...

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