Virginia Lawyers Weekly VA Lawyers Weekly

Where a woman’s treating physicians reached their opinions while treating her that a motor vehicle accident caused her spinal injury, no expert report was necessary. And where the opinions were disclosed during discovery and depositions, there was no prejudice to ...

Tagged with: Judge Douglas E. Miller Negligence U.S. District Court - Eastern District

Where a tourist allegedly slipped and fell while staying at a Hilton hotel in Aruba, her premises liability claim failed because the Hilton was not the record owner of the resort and the sidewalk was “public.” Background In January 2019, ...

Tagged with: Judge Rossie D. Alston Jr. Premises Liability U.S. District Court - Eastern District

Where a furniture truck became stuck during a delivery, the drivers failed to use a professional tow and salvage operator, and the plaintiff was allegedly injured during efforts to extricate the truck, his negligence claims survive a motion to dismiss. ...

Tagged with: Judge Robert S. Ballou Negligence U.S. District Court - Western District

Where a man injured when he crashed his bicycle into a metal guard gate claimed the maintenance contractor’s failure to post signs constituted negligence, he was not permitted to argue or offer evidence on that point because the contractor had ...

Tagged with: Judge T.S. Ellis III Negligence U.S. District Court - Eastern District

Where a police officer’s testimony amounted to his subjective interpretation of what plaintiff told him while he was investigating an accident, in which defendant rear-ended plaintiff’s car, the trial court should have excluded the testimony. Trouble ahead Grimsley, the plaintiff, ...

Tagged with: Negligence Supreme Court of Virginia

Where an indoor sports arena waited 18 months before notifying its insurer about an accident on its premises, and the insurer experienced difficulty in investigating the accident, including interviewing witnesses, it had no duty to defend or indemnify the facility. ...

Tagged with: Insurance Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a customer alleged he was falsely accused by a Walmart employee that he wanted to fight her, his defamation claim was dismissed because the allegedly false statement was not defamatory. Background Ernest J. Wall alleged that a Walmart employee ...

Tagged with: Judge David J. Novak Tort U.S. District Court - Eastern District

Where a passenger sued the pilot and the airlines for personal injuries allegedly suffered when she disembarked via airstairs, her claim against the pilot was dismissed because she did not plausibly allege he could have foreseen the risk of danger ...

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

Where a bank customer who slipped and fell while walking down stairs in a building where the bank had leased a suite failed to show the bank was responsible for repairing, cleaning or maintaining the area where he fell or ...

Tagged with: Judge Rossie D. Alston Jr. Negligence U.S. District Court - Eastern District

Where the complaint alleged a volunteer fire truck driver did not activate his lights or sirens when he attempted a U-turn out of the right lane, it plausibly alleged he was grossly negligent in his operation of the truck, thereby ...

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