Virginia Lawyers Weekly VA Lawyers Weekly

A plaintiff’s bare-bones products liability complaint alleging injuries caused by a defective folding cane states a claim for breach of an express warranty under Virginia law, but the Richmond U.S. District Court dismisses plaintiff’s claims for negligent design, failure to ...

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

A woman injured in a car accident who is suing defendants for medical malpractice in failing to immobilize her unstable spinal fracture and ordering physical therapy without performing CT scans or film studies, may use expert testimony from a board-certified ...

Tagged with: Judge Thomas J. Wilson IV Medical Malpractice U.S. District Court - Western District

Although supermarket video surveillance footage shows plaintiff stepped over a black hose as he entered the store, he exited in a slightly different direction and the view was obscured as he exited the store until after he fell, and the ...

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

An insurance company has a duty to defend tort and defamation claims filed against the Franklin Center for Government and Public Integrity under a “Businessowners Policy,” in a suit alleging damage from two articles posted in FCGPI’s “Watchdog.org” website; an ...

Tagged with: Judge Anthony J. Trenga Tort U.S. District Court - Eastern District

A private security company that rehired a guard it had fired and put on its no-hire list, who conspired with others to burn houses in a Maryland development that had been purchased by minority families, is not liable for the ...

Tagged with: Judge Henry F. Floyd Negligence U.S. District Court - Eastern District

A dump-truck driver who had left his truck allegedly to check on asphalt spills when two drunken drivers plowed into a highway construction site, fatally injuring the dump-truck driver, was not “using” either the paving company-owned dump truck or a ...

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

A plaintiff who alleges he was attacked and injured as he left a Buffalo Wild Wings restaurant with friends has alleged no facts showing a special relationship between the restaurant operator or property owner, nor has he alleged facts showing ...

Tagged with: Charlottesville Circuit Court Negligence Virginia Circuit Courts

A plaintiff who alleges he suffered permanent nerve damage, pain and scarring on his neck where defendant doctors negligently performed arthroscopic shoulder surgery cannot sue the U.S. under the Federal Tort Claims Act because defendant physician was an independent contractor ...

Tagged with: Judge Samuel G. Wilson Medical Malpractice U.S. District Court - Western District

A plaintiff who alleges professional damage to his career as a youth soccer coach after defendant professional photographer published nude photographs of plaintiff online, in violation of an agreement with plaintiff, and by altering the photos and tagging them to ...

Tagged with: Judge Norman K. Moon Tort U.S. District Court - Western District

In an administratrix’s wrongful death suit against various health care providers, she may allege and present evidence that decedent, her husband, suffered “extreme pain and suffering” due to their negligence, a Norfolk Circuit Court says. Defendants argue that because plaintiff ...

Tagged with: Judge Charles E. Poston Negligence Norfolk Circuit Court Virginia Circuit Courts