A woman who occasionally rented out her Blue Ridge Mountain cabin must defend a negligence suit filed by a guest who said he was injured when he fell through a rotted hammock on the rental property. Although the cabin was the defendant Rebecca Ramos’ primary residence, she still qualified as an innkeeper who owed an [...]
Entries Tagged as 'Negligence'
Hammock plaintiff hangs tight
November 29th, 2012 · Comments Off · 4th Circuit, Negligence
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Professional parking-lot plowman may sue for slip & fall
July 12th, 2012 · Comments Off · Negligence
Snow and ice are obvious hazards, right? Maybe not, when it comes to Virginia slip-and-fall law. Then it’s a case of what did a business owner know, and when did he know it. A new case from Abingdon federal court has a twist: When it came to icy parking lots, the plaintiff was a professional. [...]
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Return to Sender? Norfolk judge says no
December 19th, 2011 · Comments Off · Negligence, Uncategorized
A Norfolk Circuit judge isn’t taking any chances on having a personal injury case land back in his lap. Judge Everett A. Martin Jr. had a fairly routine premises liability case before him last month. Plaintiff Daniel Moran was thinking of buying a house owned by Fannie Mae. He got the lock-box combination from the [...]
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Suit says screener missed job applicant’s criminal record
September 29th, 2011 · Comments Off · Fairfax Circuit Court, Negligence
A company that screens job applicants is facing a negligence claim 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 as a leasing agent for Prestwick Apartments, a [...]
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Sheriff faces lawsuit over Memorial Day killing
September 7th, 2011 · Comments Off · Local government, Negligence
The Memorial Day murder of a deputy’s ex-wife has led to a $20-million wrongful death lawsuit against Franklin County Sheriff Ewell Hunt. Former deputy Jonathan Agee, 32, is accused of gunning down his ex-wife Jennifer in Roanoke City and later wounding a state trooper who pursued Agee into Montgomery County. The family of Jennifer Agee [...]
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‘Public duty’ doctrine does not protect firefighters
February 14th, 2011 · Comments Off · Fairfax Circuit Court, Negligence, Uncategorized
A Fairfax Circuit Court says the “public duty” doctrine does not extend to firefighters, to protect them from a gross negligence lawsuit filed by the sons of a woman who died in a townhouse fire. The suit filed by the sons of Debra Chiles alleges she died after calling the fire department and reporting that [...]
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Child-restraint law no bar to common law negligence claim
June 10th, 2010 · Comments Off · Negligence, Supreme Court of Virginia
A state law that says it is not negligent to fail to restrain a child in a vehicle does not abrogate the common law duty to protect the child, a divided Supreme Court of Virginia holds today. Four-year-old Hannah Leigh Evans was seriously injured in a head-on collision after her father put her in a [...]
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Let the jury decide
March 29th, 2010 · Comments Off · Negligence, personal injury, Supreme Court of Virginia
Fairfax Circuit Judge Jane Marum Roush reminded those at the Virginia Trial Lawyer Association’s annual convention on Saturday, “The Supreme Court has a lof of faith that, if given the opportunity, the jury will get it right.” The court had re-emphasized the point barely 24 hours in an unpublished order, Thompson v. Home Properties Seminary [...]
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Kellermann case gets additional language
November 5th, 2009 · Comments Off · Negligence, Supreme Court of Virginia
A five-member majority of the Supreme Court of Virginia has attempted to clarify its holding in the controversial case involving the death of a teenage girl during a sleepover visit with a friend. In Kellermann v. McDonough, the court established a general duty for host parents to supervise and care for a child guest entrusted [...]
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Judge rejects Lexington drowning case after jury hangs
July 20th, 2009 · Comments Off · Negligence
Rockbridge County Circuit Judge Michael Irvine has granted a defense motion to strike a wrongful death lawsuit after a jury deadlocked over liability for a teen’s 2006 drowning at a Lexington city park. Charles Volpe, 16, drowned while swimming at a city park when he became trapped underwater below a low head dam on the [...]
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