Free Newsletter
Janitorial company sued for slip and fall
Where a woman sued a janitorial company that was allegedly responsible for mopping a locker room floor, alleging it failed to post proper signage that resulted in her slipping and falling, the company’s motion to dismiss was denied. Even though the company contracted with the woman’s employer to provide janitorial services, the existence of that […]
Man lacks standing to sue for friend’s alleged injury
Where a man alleged that the defendants’ conduct towards his friend violated both federal law and Virginia common law, the suit was dismissed. He failed to allege that he had suffered an injury. Background Ronald Emrit, proceeding pro se, filed this action against the University of Virginia Darden School of Business, Adams & Garth, the […]
Cab company and driver did not have joint venture
A cab company is not responsible under a joint venture theory for injuries caused by a cab driver who was an independent contractor. Overview Fairfax Taxi and Amoah Gyimah had a Taxicab Operator Agreement, which provided Gyimah was an independent contractor. Gyimah was transporting Jung and Kim as passengers when there was a head-on collision […]
Insurer dismissed from automobile accident suit
Where a woman allegedly injured in an automobile accident sued the insurer for the defendant driver, the suit was dismissed. There was no basis to allow a direct action against a liability insurer and insufficient facts supporting a breach of contract claim. Background On Feb. 17, 2022, Diane Cabness filed a complaint regarding a motor […]
Prison visitor’s tort suit goes forward
Sovereign immunity does not bar a suit under the Virginia Tort Claims Act brought by appellee who alleges prison personnel mistreated her when she came to the prison to visit her husband. Background Appellee alleges that prison personnel subjected her to strip and body cavity searches twice after K-9s alerted to her. The searches were […]
Motion to set aside medical malpractice verdict denied
Where the jury in this medical malpractice case awarded the decedent’s estate more than $2 million in damages for medical care, funeral expenses and emotional damages, the court denies the defendants’ motion to set aside the verdict. Overview “[T]he jury found Bon Secours and Barrett [the defendants] liable to Plaintiff for the following damages: $223,104.74 […]
Suit over death of detainee reinstated
Where the district court dismissed claims alleging that medical professionals exhibited deliberate indifference to the needs of a detainee, but the complaint sufficiently alleged that the medical professionals knew of and disregarded a substantial risk of serious injury to decedent, the claims were reinstated. Background Shelly Kaye Stevens, as personal representative of the estate of […]
Driver liable for more than $266K in damages
Where a driver engaged in willful and wanton negligence when she drove between 76-81 mph on a 45mph road during a morning commute before hitting a pregnant woman’s car and injuring her minor son, the injured woman was awarded more than $266,000 to compensate her for her medical expenses, pain and suffering, emotional distress and […]
Virginia lacks jurisdiction over foreign official in suit
Where a woman sued a foreign official, alleging he caused a defamatory statement to be issued on the internet, but there was no jurisdiction under Virginia’s long-arm statute, and the exercise of personal jurisdiction was constitutionally impermissible, the suit was dismissed. Background Shnyar Anwar Hassan has sued Masrour Barzani, the prime minister of the Kurdistan […]
National Park Service dismisses suit over guardrail
Where a woman alleged the National Park Service’s failure to install guardrails in a particular section of a parking lot resulted in a car accident, the suit was dismissed. The park service’s discretionary decision was based on public policy considerations and was rationally related to a legitimate state interest. Background Audrey Clement filed a complaint […]
Carrier has duty to defend wrongful death shooting suit
Where a man fatally shot a woman, and then pleaded guilty to second-degree murder, but this court would not consider his guilty plea, and it was possible a jury might conclude that he acted negligently or unintentionally, the carrier had a duty to defend him against the wrongful death suit. Background On Dec. 1, 2020, […]
Official can’t dismiss claims arising out of detainee’s death
Where a lawsuit alleged that a correctional officer was present during assaults by his fellow officers on a detainee, the officer’s motion to dismiss the gross and willful and wanton negligence claims was denied. The complaint plausibly alleged the officer had a duty to protect the detainee and that the harm was foreseeable. Background The […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
