Negligence | Virginia Lawyers Weekly

Court Allows Respondeat Superior Amendment

By Deborah Elkins
Published: April 2, 2012
Tags: Charlottesville Circuit Court, Judge Edward Hogshire, Negligence, Virginia Circuit Courts

Plaintiff may amend her negligence suit to plead respondeat superior, as the Charlottesville Circuit Court reconsiders its earlier decision and says respondeat superior is not a new cause of action for statute of limitations purposes, but a legal theory of liability.
In this case, if respondeat superior is a separate action from the underlying negligence claim, [...]

Supermarket Slip & Fall Goes to Trial

By Deborah Elkins
Published: March 28, 2012
Tags: Judge James R. Spencer, Negligence, U.S. District Court - Eastern District

Although a wine distributor’s employee who was restocking merchandise at a Kroger store moved to mop up a spill from a broken wine bottle and place a yellow cone near the spill, the Richmond U.S. District Court denies summary judgment to defendant Kroger in this negligence action by a woman who slipped and fell, injuring [...]

Negligent Hiring Claim Survives Demurrer

By Deborah Elkins
Published: March 28, 2012
Tags: Hanover County Circuit Court, Judge J. Overton Harris, Negligence, Virginia Circuit Courts

Although plaintiff has not identified a particular employee, plaintiff may sue for negligent hiring and retention on allegations that the unknown employee lacked skill or judgment required to operate an amusement ride in a reasonable and prudent manner, and the Hanover Circuit Court overrules defendant’s demurrer.
Defendant argued plaintiff’s complaint does not state the identity of [...]

Plaintiff Can Itemize Damages at Closing

By Deborah Elkins
Published: March 7, 2012
Tags: Justice Cleo E. Powell, Negligence, Supreme Court of Virginia

A plaintiff’s lawyer whose client alleged headaches and neck pain from an auto accident could show the jury a chart asking for specific amounts of money for itemized damages during closing argument, and the Supreme Court of Virginia upholds the $30,000 jury award to plaintiff.
Plaintiff proffered medical bills of $948 and $4,173 and requested $50,000 [...]

‘Failure to Screen’ Claim Dismissed

By Deborah Elkins
Published: February 22, 2012
Tags: Fairfax County Circuit Court, Judge Randy I. Bellows, Negligence, Virginia Circuit Courts

A Fairfax Circuit Court rejects 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, who later was sentenced to the death penalty for the murder of a tenant at the complex.
The issue is whether an independent [...]

Slip & Fall Goes Out on Contrib

By Deborah Elkins
Published: February 16, 2012
Tags: Judge Jackson L. Kiser, Negligence, U.S. District Court - Western District

A woman who broke her ankle when she slipped on a puddle of water at the entrance to a Hardee’s restaurant loses her negligence action on summary judgment; the Danville U.S. District Court says she produced no evidence the restaurant had constructive notice of the puddle and plaintiff’s two coworkers, with whom she was riding [...]

Nursing home negligence alleged in patient fall – $200,000 Settlement

By Virginia Lawyers Weekly
Published: February 13, 2012
Tags: Negligence, Roanoke Circuit Court

In August 2010, a Southwest Virginia resident was sent to a local skilled-care nursing facility after a knee replacement to receive physical therapy. Upon admission and assessment, nursing staff determined she required a two-person assist on all transfers, and a two-person assist in the bathroom. Notwithstanding the order, one nurse took the plaintiff into the [...]

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, [...]

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