Virginia Lawyers Weekly VA Lawyers Weekly

A Richmond U.S. District Court dismisses this suit filed under the Federal Tort Claims Act alleging wrongful death caused by the negligence of the Federal Motor Carrier Safety Administration in allowing a bus carrier, Sky Express Inc., to operate at ...

Tagged with: Judge James R. Spencer Tort U.S. District Court - Eastern District

A physician who reviewed plaintiff’s pathology slides and rendered a diagnostic opinion to plaintiff’s treating physician undertook to provide health care to plaintiff and reasonably could be found to have created a doctor-patient relationship which gives rise to a duty ...

Tagged with: Judge Jerrauld C. Jones Medical Malpractice Norfolk Circuit Court Virginia Circuit Courts

An employee of Virginia Commonwealth University who alleges he was injured while riding an Otis elevator in a building leased by VCU is barred from suing the elevator company for negligence; the Richmond Circuit Court says workers’ compensation is plaintiff’s ...

Tagged with: Judge Melvin R. Hughes Jr. Negligence Richmond Circuit Court Virginia Circuit Courts

In this medical malpractice case arising from a patient’s fall at a nursing home, a York County Circuit Court orders defendants to provide information on family members in the neighboring patient room, prior complaints, a chair alarm and custody of ...

Tagged with: Judge Dean W. Sword Medical Malpractice Virginia Circuit Courts York County Circuit Court

A nurse may testify as plaintiff’s expert witness in this nursing-home wrongful death suit; the Danville U.S. District Court says the nurse’s report is detailed and thorough in supporting her expert opinions, and does not amount to assertions that defense ...

Tagged with: Judge Jackson L. Kiser Negligence U.S. District Court - Western District

Defendants in this products liability case say plaintiff’s foot-dragging was “strategic gamesmanship” that kept them from removing the case to federal court, but the Richmond U.S. District Court says defendants had the means to uncover fraudulent joinder of non-diverse defendants, ...

Tagged with: Judge James R. Spencer Products Liability U.S. District Court - Eastern District

If this were a case of first impression, a Norfolk Circuit Court would agree with plaintiff, a railroad brakeman, that he can sue under FELA for injuries he suffered during the process of loading coal onto an ocean-going vessel at ...

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

A plaintiff who alleges he was driving to work when his Toyota Camry crashed head-on into a tree and he suffered serious injuries because the airbags did not deploy, has failed to identify his specific causes of action and which ...

Tagged with: Judge James C. Cacheris Negligence U.S. District Court - Eastern District

A Richmond U.S. District Court dismisses claims for breach of common law warranties filed by plaintiff against Lowe’s Home Centers LLC, alleging he was exposed in defendant’s store to a waterproofer employees helped to remove from plaintiff’s clothing, and that ...

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

A nurse may sue her employer for defamation based on another employee’s allegations that plaintiff nurse made derogatory comments about a number of patients, and for “publication” of additional allegations of unprofessional conduct to plaintiff’s personnel file; the Norfolk U.S. ...

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