Virginia Lawyers Weekly VA Lawyers Weekly

A group of former Virginia Tech students who were poisoned by carbon monoxide from an overworked water heater may not recover from the manufacturer of the water heater in their products liability suit alleging breach of warranty and negligence; a ...

Tagged with: Justice Cleo E. Powell Products Liability Supreme Court of Virginia

A Roanoke U.S. District Court affirms a jury award to plaintiff in his negligence ac­tion against the driver of a tractor-trailer that collided with plaintiff’s rollback tow truck on I-81; despite defendants’ argument that there was no evidence that defendant ...

Tagged with: Judge Glen E. Conrad Negligence U.S. District Court - Western District

A Sam’s Club wins summary judg­ment in the Abingdon U.S. District Court in plaintiff’s suit seeking damag­es from slipping on spilled soda within minutes after a store customer punc­tured a Pepsi bottle to spill the con­tents, and cutting her foot ...

Tagged with: Judge James P. Jones Negligence U.S. District Court - Western District

A nurse at the Surgical Trauma Intensive Care Unit at Virginia Commonwealth Uni­versity has sovereign immunity from a med­ical malpractice suit filed by a patient who alleges the nurse failed to properly position his head after complicated surgery to recon­struct ...

Tagged with: Judge Stephen R. McCullough Medical Malpractice Supreme Court of Virginia

A Norfolk Circuit Court says that under ei­ther the “bright line rule” or the “case-by-case test,” plaintiff estate is entitled to statements made by defendant driver on the morning of his fatal collision with decedent’s motor­cycle, to his employer’s claims ...

Tagged with: Judge David W. Lannetti Negligence Norfolk Circuit Court Virginia Circuit Courts

An Abingdon U.S. District Court upholds a $2.05 million award, reduced from the jury’s $2.75 million award, in this medical malprac­tice case filed by the family of a man who died of a pulmonary embolism three weeks after defendant emergency ...

Tagged with: Judge James P. Jones Medical Malpractice U.S. District Court - Western District

An obstetrical practice sued after its staff member allegedly infected a newmother with a streptococcus infection is not immune from a medical malpractice suit under a statute that grants immu­nity from claims related to disclosure of confidential information involving an ...

Tagged with: Fairfax County Circuit Court Judge Stephen C. Shannon Medical Malpractice Virginia Circuit Courts

An over-the-road truck driver who al­leges he was injured when he slipped on the wet floor outside a private bathroom shower stall he rented from defendant truck stop loses his premises liability action against the truck stop; the Lynch­burg U.S. ...

Tagged with: Judge Norman K. Moon Negligence U.S. District Court - Western District

In a college student’s suit alleging she was sexually assaulted in a dorm room by a fellow student after consuming drugged al¬cohol at an on-campus party “spon­sored” by a college orientation peer advi­sor, the Norfolk Circuit Court sanctions the student ...

Tagged with: Judge David W. Lannetti Negligence Norfolk Circuit Court Virginia Circuit Courts

Distinguishing a similar case, a Roanoke City Circuit Court grants a remodeling contractor’s demurrer in a negligence suit under Va. Code § 65.2-805(A) filed by an employee who was injured when the nail gun he was using discharged a nail ...

Tagged with: Judge Charles N. Dorsey Negligence Roanoke Circuit Court Virginia Circuit Courts