Virginia Lawyers Weekly VA Lawyers Weekly

A plaintiff whose ankle was injured when struck by an electronic shopping cart at a Wal-Mart store has not estab­lished a prima facie case for negligent design with a mechanical engineer’s ex­pert opinion that the cart would have been safer ...

Tagged with: Judge Lawrence R. Leonard Products Liability U.S. District Court - Eastern District

The estate of a worker who died while using a ripsaw which produced a “kick­back” and sent a sliver of wood out of the machine, striking him in the head, has stated claims against the ripsaw manu­facturer and its holding ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District

In the wake of plaintiff’s deposition of a state trooper who investigated plaintiff’s accident and testified that defendant was the driver of the tractor trailer that backed up and pinned plaintiff between his pickup truck and the tractor trailer, the ...

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

A Roanoke U.S. District Court denies partial summary judgment to defendant gun distributor on a claim for breach of express warranty filed by a hunter who lost his left thumb and index finger when he test-fired a muzzleloader; even though ...

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

In this litigation arising from a 2012 industrial accident in which a hired con­tractor was injured by exposure to am­monia vapors, a Hopewell Circuit Court says Virginia law on indemnification will apply, as the New Jersey law selected by the ...

Tagged with: Hopewell Circuit Court Judge W. Allan Sharrett Negligence Virginia Circuit Courts

A woman who alleges she received treat­ment for physical and mental illness, in­cluding bipolar disorder, from the Hamp­ton-Newport News Community Services Board healthcare provider who represented that he was a psychiatrist, but who was a po­diatrist subject to disciplinary action ...

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

An assertion that defendant is a “life-long opiate addict” who knew his withdrawal symptoms during the 48 hours prior to his traffic accident would include confusion, distractability and “overall impairment of driving ability,” does not state a common law claim ...

Tagged with: Augusta County Circuit Court Judge Victor V. Ludwig Negligence Virginia Circuit Courts

In this tort suit against officials of Nor­thumberland High School for damages aris­ing from a school resources officer’s repeat­ed sexual abuse of a 10th-grade student, on school grounds, a Richmond County Circuit Court says plaintiff student and her parents may ...

Tagged with: Judge Harry T. Taliaferro III Negligence Richmond County Circuit Court Virginia Circuit Courts

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