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Personal Injury

Sep 25, 2023

No evidentiary errors in trial for punitive damages

Where appellant estate administrator did not contemporaneously object to admission of a letter that responded to a medical board’s inquiry about appellee doctor’s treatment of the decedent — who died from a drug overdose — appellant has waived her argument that the letter should not have been admitted as evidence. Background After Curtis broke her […]

Sep 19, 2023

No claim for ACA retaliation outside employment arena

While the Patient Protection and Affordable Care Act, or ACA, allows a person to assert a claim for discrimination, the court is unaware of any case law that supports an independent cause of action under the ACA for retaliation outside the employment context. Background Nia Lucas and her minor child, A.M., who are proceeding pro […]

Sep 19, 2023

Woman claims hospital did not offer appropriate exam

Where a woman alleged that she went to a hospital emergency room with infected sores and a variety of symptoms, but that she did not receive the type of screening that the hospital would ordinarily conduct for patients with the same symptoms, she plausibly alleged a claim for violation of the Emergency Medical Treatment and […]

Sep 7, 2023

Parties realigned in coverage dispute

Where a man sued various defendants for personal injuries he allegedly suffered in an accident, the insurance carrier maintained it had no duty to defend or indemnify the defendants, and the man commenced this coverage action, the defendants were realigned as plaintiffs because they all would benefit from a finding that the carrier has an […]

Sep 6, 2023

Credibility determinations upheld in slip-and-fall case

Where appellant claimed that she slipped in a puddle of water and fell, the record supports the trial court’s determination that appellant and her witness did not testify credibly. The circuit court properly dismissed appellant’s negligence claim. Background Appellant “Barbour testified that … she slipped and fell on a wet floor when she and her […]

Sep 6, 2023

Third-party observer cannot attend Rule 4:10 medical exam

A personal-injury plaintiff’s husband cannot attend his wife’s Rule 4:10 medical examination over defendant’s objection. “The Court generally holds no party-selected third-party may observe a Rule 4:10 medical examination, and no party may record the examination, over the objection of the other party. “The Court retains the discretion, however, to select the proposed examiner. It [&helli[...]

Aug 30, 2023

Carrier has no obligation to defend, indemnify accident

Where a vehicle involved in a fatal motor-vehicle accident was not listed on the declaration page of an insurance policy at the time of the accident, was not owned by the insured, was not a “temporary substitute auto” under the liability coverage provided in the base form and was not a “covered auto” under the […]

Aug 30, 2023

Suit over alleged COVID-related death dismissed

Where the administrator of the estate of a woman who allegedly contracted COVID-19 at work sued the employer for negligence, the suit was dismissed. The Virginia Workers’ Compensation Act provides the exclusive remedy for employee injury, including death, arising out of workplace conditions. Background Plaintiff Christina Brown’s sister, Poushawn Brown, was an Amazon warehouse employee [&helli[...]

Aug 30, 2023

Wife reposted husband’s allegedly defamatory posts

Where a wife reposted her husband’s allegedly defamatory Facebook posts about the plaintiff knowing that what she was posting was false or at least inherently improbable, her motion to dismiss the defamation claim was denied. Background Pamela K. Hartnett’s amended complaint asserts claims of assault and battery, defamation, negligence, gross negligence, willful and wanton negligence, [&hellip[...]

Aug 20, 2023

Stairway design was not unsafe condition

Where appellant slipped and fell on a brick stairway that he claimed was not safely designed, the trial court correctly granted the homeowner’s motion to strike. Appellant presented no evidence of an unsafe design. Background Fricchione went to Matthew’s house to take measurements for a kitchen project. “In doing so, Fricchione climbed a brick stairway […]

Aug 7, 2023

Airline injury suit transferred from New York to EDVA

Where a woman alleged she was injured on a flight from Dubai to Dulles, her suit was transferred from New York to the Eastern District of Virginia. Background This case arises from an injury that plaintiff sustained while on a flight operated by defendant’s airline between Dubai and Dulles International Airport. Plaintiff commenced her lawsuit […]

Aug 7, 2023

Failure to exhaust admin remedies dooms tort claim

Where a woman failed to exhaust her administrative remedies before filing suit for injuries alleged suffered in an auto accident involving a government employee, her suit was dismissed. Background This case arises out of injuries Cristina Campos suffered when an employee of the Department of Homeland Security and the United States Secret Service rear-ended plaintiff’s […]

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