Employee Has Claim for Sexual Assault by Coworker

Officers Have Immunity from Suit

By Deborah Elkins
Published: May 14, 2013
Tags: Judge James P. Jones, Negligence, Norfolk Circuit Court, Virginia Circuit Courts

Defendant police officers have satisfied the four-part test for sovereign immunity and the Norfolk Circuit Court grants their special plea in bar filed in response to plaintiff’s negligence suit. Virginia applies the test from James v. Jane, 221 Va. 43 (1980), in order to determine whether a government actor is entitled to sovereign immunity. This [...]

Plaintiff May Amend for ‘Gross Negligence’

By Deborah Elkins
Published: May 10, 2013
Tags: Judge Junius P. Fulton III, Negligence, Norfolk Circuit Court, Virginia Circuit Courts

In litigation arising from an officer’s automobile collision with another vehicle, the Norfolk Circuit Court will allow plaintiff to amend the complaint to allege gross negligence. Gross negligence means something more than lack of ordinary care. The court defines gross negligence as a degree of negligence which shows an utter disregard of prudence amounting to [...]

‘Black Ice’ Slip & Fall Goes to Jury

By Deborah Elkins
Published: April 24, 2013
Tags: Judge James C. Turk, Negligence, U.S. District Court - Western District

A Food Lion customer who slipped on black ice near the store entrance after a store manager allegedly had observed icy spots in the parking lot several hours earlier may take her slip-and-fall case to the jury, as a Roanoke U.S. District Court says the store and its snow-removal contractor have failed to show an [...]

Driver, Passenger P.I. Suits Severed

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

In this auto-accident personal injury case, a Richmond Circuit Court grants a motion to sever a plaintiff parent’s case against defendant driver from her son’s case, as the plaintiff parent has an extensive medical history and the plaintiff passenger does not. In light of the extensive medical history discovery has revealed as to plaintiff parent, [...]

Officer Has Sovereign Immunity for Accident

By Deborah Elkins
Published: April 22, 2013
Tags: Charlottesville Circuit Court, Negligence, Virginia Circuit Courts

The Charlottesville Circuit Court grants a plea of sovereign immunity to a police officer who was responding to another officer’s call for assistance in handling traffic after a two-vehicle collision on a dark, rainy night; defendant officer was engaged in a governmental function when he was attempting to position his vehicle to divert traffic. Officer [...]

No Suit for Food-Court Spill

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Claude M. Hilton, Negligence, U.S. District Court - Eastern District

A Costco store wins summary judgment in this personal injury suit filed by a customer who slipped in liquid on the floor near the food court; the Alexandria U.S. District Court says plaintiff has not shown store personnel were aware of the spilled liquid, which another customer observed happened shortly before plaintiff fell. The undisputed [...]

Defendant Must Share Statement to Carrier

By Deborah Elkins
Published: April 22, 2013
Tags: Judge Leslie L. Lilley, Negligence, Virginia Beach Circuit Court, Virginia Circuit Courts

A Virginia Beach Circuit Court grants plaintiff’s motion to compel production of defendant’s recorded statement to her insurance company one day after the subject automobile accident, but declines to rule on plaintiff’s request for defendant’s surveillance video of plaintiff without more facts. The statement at issue was taken by the agent of defendant’s insurance company [...]

Sanctions Sought for Possible Misjoinder

By Deborah Elkins
Published: April 16, 2013
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

In this suit seeking damages for an assisted-living residents for alleged injury from a bed bug infestation, to which plaintiff has added claims for financial mismanagement of funds for plaintiff’s care, a Richmond Circuit Court will take under advisement defendant’s motion for sanctions under Va. Code § 8.01-271.1. Plaintiff, a resident of an assisted living [...]

No Notice of Supermarket’s Folded Mat

By Deborah Elkins
Published: April 1, 2013
Tags: Judge Robert G. Doumar, Negligence, U.S. District Court - Eastern District

A woman shopping for flowers at her local Food Lion who “slipped over” a black rubber mat in front of the store’s flower case cannot show the store had notice that the mat was in a “folded over” position on the floor, and the store wins summary judgment in this trip-and-fall case in the Newport [...]