Damages Sought for Windmill Blade

Interview With Carrier Is Protected Work Product

By Deborah Elkins
Published: October 4, 2012
Tags: Judge Craig D. Johnston, Negligence, Prince William County Circuit Court, Virginia Circuit Courts

A plaintiff’s assertion that defendant driver pleaded guilty to a traffic infraction but now contests liability in this auto-accident personal injury suit has not shown a substantial need to obtain a copy of the transcript or tape of defendant’s interview with the insurance carrier, and the Prince William County Circuit Court denies a motion to [...]

Employer Faces Negligence Claim, But no Punitives

By Deborah Elkins
Published: September 10, 2012
Tags: Judge Norman K. Moon, Negligence, U.S. District Court - Western District

In this wrongful death suit against a truck driver who had received five traffic summonses, including one for reckless driving, plaintiff may sue the driver’s employer, but not the truck owner, on a theory of respondeat superior, but plaintiff has not alleged facts to support claims for negligent retention or negligent entrustment; although plaintiff asks [...]

Bad Driving Record Supports Negligent Hiring Claim

By Deborah Elkins
Published: September 6, 2012
Tags: Judge Thomas J. Wilson IV, Negligence, Rockingham County Circuit Court, Virginia Circuit Courts

An auto-accident plaintiff’s allegations about a truck driver’s bad driving record do not support a claim of negligent entrustment, but they do support a claim of negligent hiring and negligent retention, says a Rockingham County Circuit Court. The Supreme Court of Virginia has permitted a plaintiff injured in an automobile accident to recover under a [...]

Hurt flagman can sue trucking company for negligent hiring

By Peter Vieth
Published: August 22, 2012
Tags: Judge Thomas J. Wilson IV, Negligence, Personal Injury, Rockingham County Circuit Court

A construction flagman who was hurt when he was struck on a Rockingham County highway can sue the truck driver’s company for negligent hiring. The victim claimed the driver was hired without formal training, even though he was a convicted felon with a long record of speeding and traffic convictions. While Rockingham County Circuit Judge [...]

Injured Buyer Can’t Collect on Handrail Claim

By Deborah Elkins
Published: August 16, 2012
Tags: Judge James C. Cacheris, Negligence, U.S. District Court - Eastern District

In a prospective home buyer’s suit alleging injuries from a fall as she was descending a stairwell with a handrail that did not extend for the last three steps, the Alexandria U.S. District Court grants summary judgment to defendant seller because defendant was not negligent and plaintiff was contributorily negligent. Preliminarily, the court notes plaintiff [...]

Bachelor-party patron can sue for steakhouse stabbing

By Peter Vieth
Published: August 16, 2012
Tags: Judge Everett A. Martin Jr., Negligence, Norfolk Circuit Court, Personal Injury

A man stabbed at a Norfolk bar can sue the bar owner for negligence based on claims that the bar staff ignored several instances of aggressive behavior by the attacker. Norfolk Circuit Judge Everett A. Martin Jr. rejected a bid to toss the lawsuit filed by Benjamin Hoover against the owner of the former Magnolia [...]

Restaurant Must Defend Bar Assault Claim

By Deborah Elkins
Published: August 10, 2012
Tags: Negligence, Norfolk Circuit Court, Virginia Circuit Courts

A restaurant patron who was stabbed by another patron can sue the restaurant based on an allegation that restaurant staff continued to serve alcohol to the assailant after he had misbehaved and created a dangerous situation; the Norfolk Circuit Court says plaintiff’s claim is not a claim for dramshop liability. Almost all Virginia circuit judges [...]

Store Met Duty With Mop-Up, Warning

By Deborah Elkins
Published: August 9, 2012
Tags: Judge Glen E. Conrad, Negligence, U.S. District Court - Western District

Although a Kroger employee’s testimony and video evidence showed Kroger had actual and/or constructive notice of a spill on the floor near where plaintiff fell, a Roanoke U.S. District Court grants summary judgment to Kroger because it met its duty of ordinary care by having the employee mop the area and place a large warning [...]

Plaintiff Can Try ‘Black Ice’ Claim

By Deborah Elkins
Published: August 2, 2012
Tags: Judge Glen E. Conrad, Negligence, U.S. District Court - Western District

Whether “black ice” at the entrance to a Hardee’s restaurant was open and obvious is in dispute, and a Roanoke U.S. District Court says weather data, testimony by plaintiff’s wife, the manager and another witness create a question for the jury. It is well established that a business owner has no duty to remove ice [...]