Negligence « Virginia Lawyers Weekly

Student Sues for School Mold Exposure

By Deborah Elkins
Published: February 7, 2012
Tags: Judge Rodham T. Delk Jr., Negligence, Suffolk Circuit Court, Virginia Circuit Courts

A plaintiff who alleges injuries from exposure to toxic mold at his school when he entered kindergarten in 2007 may sue the school board and the school system’s two officials responsible for facilities and maintenance for fraud and gross negligence, but the Suffolk Circuit Court sustains defendants’ plea of sovereign immunity to plaintiff’s claims for [...]

No Maryland Damage Cap in Virginia Case

By Deborah Elkins
Published: January 30, 2012
Tags: Judge Craig D. Johnston, Negligence, Prince William County Circuit Court, Virginia Circuit Courts

In this auto-accident case, a Prince William County Circuit Court declines to apply the Maryland cap on non-economic damages because the court finds the cap does not affect substantive rights in a wrongful death, but merely affects the remedy; but the court recognizes there is a split of authority on this point in Virginia circuit [...]

‘Job Hazard Analysis’ Expert Excluded

By Deborah Elkins
Published: January 11, 2012
Tags: Gloucester County Circuit Court, Judge Norman A. Thomas, Negligence, Virginia Circuit Courts

In an injured seaman’s suit against the owner of a commercial fishing vessel, a Gloucester County Circuit Court excludes plaintiff’s expert because defendant had no duty under maritime law to perform a “job hazard analysis” on vessel-to-vessel ingress and egress, but plaintiff can pursue his negligence claim.
The court must consider, as a question of law, [...]

No ‘Costs’ for Private Process Server

By Deborah Elkins
Published: January 10, 2012
Tags: Judge Samuel G. Wilson, Negligence, U.S. District Court - Western District

A plaintiff who won a jury award of $150,000 compensatory and $10,000 punitive damages for her injuries from a car collision may recover an additional $1,062.25 in costs for copying costs, clerk fees and court reporter fees, but the Harrisonburg U.S. District Court says she may not be reimbursed for fees incurred for reviewing records, [...]

Suit against job-applicant screener dismissed

By Deborah Elkins
Published: January 10, 2012
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Negligence

A Fairfax Circuit Court has rejected a negligence claim against a company that screens job applicants for allegedly missing the “extensive” criminal record of a leasing agent hired by a Falls Church apartment complex.
The company, Liberty Screening Services Ltd., allegedly did the background check on Mark Lawlor before he was hired [...]

Dentist’s Testimony Not Excluded

By Deborah Elkins
Published: January 9, 2012
Tags: Judge Everett A. Martin Jr., Negligence, Norfolk Circuit Court, Virginia Circuit Courts

Although defendant restaurant owner says plaintiff, who alleges he cracked a porcelain crown while eating at defendant’s restaurant, will wind up with better teeth than he had before the incident, a Norfolk Circuit Court says that’s not a reason to exclude the dentist’s testimony.
In plaintiff’s suit alleging he cracked a porcelain crown of his tooth [...]

Hotel Employees Must Answer ‘Safety’ Questions

By Deborah Elkins
Published: December 13, 2011
Tags: Judge Humes J. Franklin Jr., Negligence, Roanoke Circuit Court, Virginia Circuit Courts

In a lawsuit against a long-term care facility that allegedly lost track of a resident who fell down a flight of stairs during a “field trip” to the Homestead Hotel and died 10 days later, a Staunton Circuit Court says two hotel employee must respond to plaintiff’s questions relating to safety policies and procedures at [...]

Supermarket Carpet Trip & Fall Advances

By Deborah Elkins
Published: November 28, 2011
Tags: Judge Robert G. Doumar, Negligence, U.S. District Court - Eastern District

A Norfolk U.S. District Court denies summary judgment to defendant supermarket on plaintiff shopper’s claim for injuries alleging defendant Kroger store negligently failed to secure a carpet at the store entrance, allowing the carpet to “cock up, wrinkle, fold, bunch up or otherwise accumulate” and creating a “hazardous condition.”
Plaintiff presents deposition testimony of a store [...]

No Punitives for Inner Tube Accident

By Deborah Elkins
Published: November 28, 2011
Tags: Judge Robert G. Doumar, Negligence, U.S. District Court - Eastern District

A Norfolk U.S. District Court dismisses claims for punitive damages filed by a plaintiff who was severely injured when a motorboat operated by the second defendant, Cox, crossed the towline of the inner tube plaintiff was riding on in Currituck Sound, pulled by a boat operated by the first defendant, Norman.
Plaintiff alleges defendant Cox had [...]

Pretrial Rulings in ‘Toxic’ Mold Case

By Deborah Elkins
Published: November 21, 2011
Tags: Judge Norman K. Moon, Negligence, U.S. District Court - Western District

In this suit seeking damages for injuries from a family’s alleged mold exposure in the home in which they were house-sitting, a Charlottesville U.S. District Court issues rulings on the parties’ pretrial motions challenging the parties’ experts and their reports.
This is a personal injury action arising out of alleged mold contamination of a residence owned [...]

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