Virginia Lawyers Weekly VA Lawyers Weekly

Where the plaintiff’s motion to amend her personal injury complaint arising out of a Segway accident came after fact discovery concluded, it was granted because the defendants failed to show prejudice. The new allegations merely elaborated on the original ones, ...

Tagged with: Judge Joel Hoppe Negligence U.S. District Court - Western District

Where plaintiff firefighters claim they were injured while responding to a trash fire at defendant’s facility, the fireman’s rule does not bar their negligence and gross negligence claims. The court overrules defendant’s demurrers. Firefighters’ rule “The fireman’s rule limits liability ...

Tagged with: Fairfax County Circuit Court Judge Daniel E. Ortiz Personal Injury Virginia Circuit Courts

Where plaintiff was assaulted in the lobby of a governmental mental health facility, the court sustains a plea in bar based on governmental immunity filed by defendant community services board. Claims against a private security guard service are dismissed as ...

Tagged with: Judge Everett A. Martin Jr. Norfolk City Circuit Court Personal Injury Virginia Circuit Courts

Where the defendant publicly accused the owner of a company of providing the governor’s wife with a “no-show” job, but he based his statement on a Washington Post article and there was no evidence he harbored serious doubts about its ...

Tagged with: 4th U.S. Circuit Court of Appeals Tort

Where a shopper who was injured at Walmart sought to add the allegedly responsible employee to her suit against the company, her motion was granted despite the fact the employee destroyed diversity jurisdiction. There was no evidence of forum shopping ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

Where appellee’s oral and written statements presented two different versions of how a fatal truck-motorcycle accident occurred, the trial court erred by granting his motion to strike evidence at the close of appellant’s case. A reasonable jury could have found ...

Tagged with: Personal Injury Supreme Court of Virginia

Where a former school employee alleged the then-superintendent defamed him by telling another person that his procurement violations were “deliberate and egregious,” he may take limited discovery from the school board about its investigation, his termination, the procurement of furniture ...

Tagged with: Judge Joel Hoppe Tort U.S. District Court - Western District

Where a truck driver was killed at a stone quarry when a machine malfunctioned, the circuit court incorrectly characterized the machine as “ordinary building material” and applied the five-year statute of repose, Code § 8.01-250, to dismiss the case as ...

Tagged with: Justice Cleo E. Powell Personal Injury Supreme Court of Virginia

Where a skateboarder sued a law firm after being struck by a car driven by one of its attorneys, even if the attorney used his cellphone for work-related purposes at the time of the accident, the firm was not liable ...

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

Where the expert for a woman injured in an automobile accident opined that she would need a future spinal fusion surgery, but that she would have to lose a substantial amount of weight before that surgery, the weight loss contingency ...

Tagged with: Judge Thomas T. Cullen Negligence U.S. District Court - Western District