Virginia Lawyers Weekly VA Lawyers Weekly

A landscaping company whose driver rear-ended plaintiff can be sued for negli­gent entrustment and negligent retention based on allegations that the employer knew the landscaper had been involved in another recent collision with the same truck and trailer, and the ...

Tagged with: Judge Henry Coke Morgan Jr. Negligence U.S. District Court - Eastern District

In a disabled adult’s suit seeking damages for second-degree burns she suffered in 2011 while in the care of de­fendant home health agency’s employee/ independent contractor, the Norfolk Cir­cuit Court denies summary judgment to defendant insurance company based on its ...

Tagged with: Judge Mary Jane Hall Negligence Norfolk Circuit Court Virginia Circuit Courts

At trial of plaintiff ’s negligence action against the driver of a tractor-trailer that collided with a rollback tow truck on I-81, the Roanoke U.S. District Court will allow defendant’s accident recon­structionist expert to testify about the content of data ...

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

A vendor who alleges he and his busi­ness suffered a humiliating ejection from a National Rifle Association gun show when a gun-case vendor appearing in plaintiff vendor’s booth discharged a firearm in violation of gun-show rules, and plaintiff consequently lost ...

Tagged with: Judge Liam O'Grady Negligence U.S. District Court - Eastern District

A Roanoke City Circuit Court denies plaintiff estate’s post-trial motion objecting to a jury verdict for defendant emergency room physician, rejecting the estate’s con­tention that the trial court erred in granting defendant a jury instruction on contributory negligence in this ...

Tagged with: Judge Charles N. Dorsey Medical Malpractice Roanoke Circuit Court

Merely stating that defendant was a professional driver of a commercial tractor-trailer when his poultry truck rear-ended plaintiff’s vehicle on Interstate 81 is not sufficient to state a claim for willful and wanton negligence, and the Roanoke U.S. District Court ...

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

A North Carolina man who alleges he developed leukemia from exposure to toxic solvents dumped by defendant CTS Corporation into a local stream near plaintiff’s home from 1959-1968 is not barred from filing suit by North Carolina’s 10-year statute of ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Henry F. Floyd Negligence

A Lynchburg Circuit Court says a plaintiff suing for medical malpractice by defendant physician also has stated a claim for negligent credentialing and privileging with allegations that he reasonably relied on defendant’s credentialing process and that such reliance caused him ...

Tagged with: Judge R. Edwin Burnette Jr. Lynchburg Circuit Court Medical Malpractice Negligence Virginia Circuit Courts

A repo man was an independent contractor, not an employee or agent of Toyota or the recovery company, and a plaintiff who alleges he was injured when trying to access his daughter’s car, which was being repossessed, may not sue ...

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

Because a railroad employee accepted $20,000 in 2000 from defendant railroad in exchange for releasing his claims of “mental anxiety and fear of contracting mesothelioma, lung cancer or any other type of cancer,” his estate is barred from suing the ...

Tagged with: Judge Charles N. Dorsey Negligence Roanoke Circuit Court Virginia Circuit Courts