Experts rejected on refrigerant leak

Claim Form Admissible at FELA Trial

By Deborah Elkins
Published: January 7, 2013
Tags: Judge Melvin R. Hughes Jr., Negligence, Richmond Circuit Court, Virginia Circuit Courts

In a railroad worker’s suit under the Federal Employers Liability Act, a Richmond Circuit Court denies plaintiff’s motion in limine to prevent defendant railroad from introducing into evidence statements made by plaintiff’s treating physician in a “Supplemental Disability Claim Form.” Plaintiff alleges injuries as a result of defendant’s negligence which occurred during a ride in [...]

No Legal Malpractice from Med-Mal Settlement

By Deborah Elkins
Published: December 18, 2012
Tags: Judge James C. Turk, Negligence, U.S. District Court - Western District

Although plaintiff blames defendant law firm that formerly represented him for an unsatisfactory settlement of his medical malpractice suit because the firm ultimately withdrew from representation after his first attorney left the firm, the Roanoke U.S. District Court dismisses plaintiff’s suit with prejudice, as plaintiff had adequate time to hire a new attorney. Plaintiff was [...]

P.I. Suit Tossed for Undisclosed Medical History

By Deborah Elkins
Published: December 5, 2012
Tags: Judge Michael F. Urbanski, Negligence, U.S. District Court - Western District

A Harrisonburg U.S. District Court says it will sanction a personal injury plaintiff for his failure to disclose his extensive medical history of treatment for chronic back and joint pain, by dismissing his suit alleging injuries from driving over a drive shaft that fell from defendant’s truck; in addition, plaintiff has failed to create a [...]

Trip & Fall Dismissed for ‘Turned-Up’ Mat

By Deborah Elkins
Published: November 20, 2012
Tags: Judge Norman K. Moon, Negligence, U.S. District Court - Western District

A Lynchburg U.S. District Court grants summary judgment to defendant discount store in this trip-and-fall suit filed by a 94-year-old plaintiff who has failed to show any evidence her fall resulted from a defective condition. Plaintiff alleged she “slipped” upon exiting the store “on a rug that was curled up.” Defendant has taken the depositions [...]

Store Display Rack was ‘Open & Obvious’

By Deborah Elkins
Published: November 20, 2012
Tags: Judge Norman K. Moon, Negligence, U.S. District Court - Western District

A Charlottesville U.S. District grants summary judgment to defendant supermarket in plaintiff’s trip-and-fall suit alleging that placement of a display rack of canned vegetables negligently created a hazardous condition that proximately caused plaintiff to trip on the wire rack and injure her knee. A number of Virginia cases have found plaintiffs contributorily negligent as a [...]

Carrier Must Pay UIM Offered By Mistake

By Deborah Elkins
Published: November 19, 2012
Tags: Hopewell Circuit Court, Judge Nathan C. Lee, Negligence, Virginia Circuit Courts

Although plaintiff’s insurance carrier mistakenly offered underinsured motorist coverage policy limits, the carrier nevertheless is bound by its offer of $25,000 UIM policy limits, in addition to the $100,000 liability coverage offered by defendant in the underlying auto accident case, and the Hopewell Circuit Court grants plaintiff’s motion to enforce settlement in this case of [...]

Court Has Authority to Reduce Liens

By Deborah Elkins
Published: November 5, 2012
Tags: Judge Louis Allen Sherman, Negligence, Norfolk Circuit Court, Virginia Circuit Courts

A Norfolk Circuit Court says after researching the authority of a circuit court judge to reduce the amounts of liens, including those claimed by public hospitals, and to apportion recovery, including a negotiated settlement, between a plaintiff, the plaintiff’s attorney, and the commonwealth, and is satisfied that as long as the requirements set forth in [...]

Pallet May Not Be ‘Open and Obvious’

By Deborah Elkins
Published: October 15, 2012
Tags: Judge Glen E. Conrad, Negligence, U.S. District Court - Western District

A woman who tripped over a pallet that supported a doughnut display can try her negligence claim against defendant store; a Charlottesville U.S. District Court denies the store’s summary judgment motion claiming the hazard was open and obvious. Each of the cases cited by defendant to support a theory of contributory negligence has significant distinguishing [...]

Pharmacological error results in overdose for child – $240,000 Settlement

By Virginia Lawyers Weekly
Published: October 15, 2012
Tags: Negligence

Plaintiff, 5 years old at time of the event, had been prescribed clonidine, a drug designed to help with her anxiety and hyperactivity. Her mother picked up a refill of the prescription at the defendant’s pharmacy earlier that day, and gave the plaintiff her usual dosage of the liquid suspension at bedtime as had been [...]