Discovery Ordered for Wrongful Death Damages 
By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Negligence, Virginia Circuit Courts
A Fairfax Circuit Court says defendants are entitled to discover the factual basis for plaintiff’s claim of lost income and the documentary evidence to support it, in this wrongful death suit.
Plaintiff alleges defendant convenience store owners were negligent in failing to notify police when an assailant who abducted a woman from a mall parking garage [...]
‘Scope of Employment’ May Cover Wreck
By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge R. Terrence Ney, Negligence, Virginia Circuit Courts
The estate of an employee who died in an auto accident after being picked up by a coworker, and who sued the coworker and the employer, gets another chance to retry its case, as the Fairfax Circuit Court grants reconsideration and says the evidence clearly showed the coworker was acting within the scope of his [...]
Va. Would Hear Duty to Warn Claim
By Deborah Elkins
Published: May 24, 2012
Tags: Judge James C. Turk, Negligence, U.S. District Court - Western District
A Roanoke U.S. District Court says Virginia would recognize a post-sale duty to warn of defects, and declines to dismiss this claim filed by a plaintiff whose hands were badly injured when using an industrial heat processing system manufactured by defendant and installed in a facility in Roanoke.
In 1995, A.O. Smith Company ordered an industrial [...]
Jury Award Not ‘Inadequate’
By Deborah Elkins
Published: May 15, 2012
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts
A Richmond Circuit Court denies plaintiff’s motion to set aside as inadequate a jury verdict awarding $4,500 for bodily injuries, pain and inconvenience, in addition to $12,628 for medical expenses.
The case was submitted to the jury on a special verdict due to an unrelated dispute over the disclosure pretrial of the amount of medical expenses [...]
Carrier Wins Punitive Damages
By Deborah Elkins
Published: May 1, 2012
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts
A Richmond Circuit Court denies a motion to set aside a jury award, including $350,000 in punitive damages, to an insurance carrier who sued its former adjuster for fraud and conversion for causing plaintiff to issue checks for property damage claims for work not performed by contractors, to obtain funds for work at the homes [...]
School Official Faces Gross Negligence Claim
By Deborah Elkins
Published: May 1, 2012
Tags: Justice LeRoy F. Millette Jr., Negligence, Supreme Court of Virginia
An assistant principal who failed to act on a student’s warning about a fight at his high school enjoys sovereign immunity from a claim of negligence, but now faces a new trial on a claim of gross negligence; the Supreme Court of Virginia reverses the trial court’s $1.25 million judgment against the principal and remands [...]
County Immune in Park Injury Suit
By Deborah Elkins
Published: May 1, 2012
Tags: Justice William C. Mims, Negligence, Supreme Court of Virginia
A plaintiff who claims she was injured as a result of the county’s gross negligence in maintaining a public park cannot recover from the county; the Supreme Court of Virginia affirms dismissal of plaintiff’s claim, but says the court should have granted the county’s special plea of sovereign immunity.
The circuit court sustained the demurrer as [...]
Plaintiff’s Recorded Statement Admissible
By Deborah Elkins
Published: May 1, 2012
Tags: Judge James V. Lane, Negligence, Rockingham County Circuit Court, Virginia Circuit Courts
A plaintiff in an auto-accident personal injury case may not exclude a recorded statement she made pertaining to the parties’ auto accident, which was reproduced in a transcript, but the Rockingham County Circuit Court says plaintiff may object during trial should the statement be used for an improper purpose under Va. Code § 8.01-404.
Code § [...]
Nursing home patient broke arm, femur in unwitnessed fall – $6,500,000 Verdict
By Virginia Lawyers Weekly
Published: April 30, 2012
Tags: Judge Charles N. Dorsey, Million-Dollar Verdicts, Negligence, Personal Injury, Roanoke Circuit Court
An 84-year-old nursing home patient sustained an unwitnessed fall in her bedroom. Plaintiff claimed the fall was caused by the nursing home’s failure to apply and monitor a fall alarm in her bed, which was required by the patient’s care plan. The nursing home staff claimed the bed alarm was used and sounded just before [...]
Nursing home fall nets $6.5M verdict
By Peter Vieth
Published: April 27, 2012
Tags: Judge Charles N. Dorsey, Million-Dollar Verdicts, Negligence, Personal Injury, Roanoke Circuit Court
A Roanoke City jury returned verdicts totaling $6.5 million for an 84-year-old woman injured in a fall at a nursing home.
With an award of $5 million in punitive damages, the jury evidently sought to punish the owner of the home for a policy that discouraged the use of bed alarms to signal when a [...]
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