Virginia Lawyers Weekly VA Lawyers Weekly

Where it has not been resolved whether healthcare professionals caused or exacerbated the plaintiff’s injuries, he has not shown he is entitled to damages in excess of Virginia’s $2 million statutory cap on medical malpractice damages and thus lacks standing ...

Tagged with: Judge Michael F. Urbanski Medical Malpractice U.S. District Court - Western District

Where a truck driver died from hypothermia and drowning in Chesapeake Bay after the tractor-trailer he was driving went through a guardrail, sovereign immunity bars claims by the driver’s estate against the Chesapeake Bay Bridge and Tunnel (CBBT) District. Overview ...

Tagged with: Judge Leslie L. Lilley Personal Injury Virginia Beach Circuit Court Virginia Circuit Courts

Where a shopper suing Walmart for injuries suffered when a box fell on her initially sought $75,000 in damages in state court and then moved to increase her ad damnum amount, Walmart properly removed the case on the basis of ...

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

Where a Virginia resident whose vehicle struck a motorcycle and killed a 19-year old in the United Kingdom refused to be subject to the service of subpoenas or to the taking of depositions in the United Kingdom, and refused to ...

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

Where the plaintiff offered photos, video evidence, and fact and expert witness testimony raising a disputed issue over whether loose bricks and sagging caulk in a town center were a dangerous condition, that the owner of the property should have ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge A. Marvin Quattlebaum Jr. Premises Liability

A VA patient who was seduced into entering a sexual relationship with his therapist may pursue claims that the VA negligently supervised the therapist. The court joined other circuits in holding that discretionary function exception does not categorically bar negligent ...

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

A former employee’s claim for defamation based on her prior employer’s statement to her new employer that she was terminated for “insubordination” may proceed. The statement can be proven true or false and suggested the employee lacked integrity in performing ...

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

Although a correctional employee was suspended after his drug sample tested positive for cocaine, his suit against the testing company after the result was found to be a false positive was dismissed. He was not in privity with the company, ...

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

Where an employee injured after falling off the back of a tractor trailer sued the operator of the vehicle, his claim was dismissed because the tractor trailer operator was essential to the business of the plaintiff’s employer, moving materials from ...

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

Where a lawyer’s former client asserted he committed legal malpractice in handling her divorce, because the duties of care arose out of his professional obligations to his client, her claim for gross negligence was dismissed as duplicative of the legal ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District