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Personal Injury

Biopsy slide photos not discoverable (access required)

Where defendant doctor’s counsel in this medical malpractice case directed her to photograph plaintiff’s biopsy slides, the photos are attorney work product. Plaintiff alleges that defendants misdiagnosed her with a specific cervical cancer, for which she received treatment. While deposing ...

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Multimillion dollar death verdict cannot be overturned (access required)

Although Overhead Door, in a case involving one of its workers injured on the job, challenged a wrongful death verdict, including attacks on jury instructions, evidentiary challenges and comments by the trial judge, it failed to demonstrate the company was ...

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Defamation claim fails as nonactionable, time-barred (access required)

Where a Russian-born British scholar sued media outlets alleging defamatory statements, the statements were made more than one year before her suit was filed so they were time-barred and could not be revived by republication or third parties’ electronic references. ...

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Va. Cir.: Judgment final as to co-defendant who didn’t appeal (access required)

One of two defendants appealing a $24,000 judgment against them cannot add the other defendant to the appeal. General district court judgments are final as to parties who note no appeal. Background In 2016, Denise Johnson rear-ended Defendant Milford Smith, ...

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4th Cir.: Homestead had no notice of ice near walkway fountain (access required)

A guest at the Omni Homestead did not demonstrate that the hotel had either actual notice of ice she slipped on or constructive notice, based on the hazardous condition allegedly caused by operating the outdoor fountain in sub-freezing conditions. Background ...

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SCV: Expert necessary to support legal malpractice claim (access required)

A plaintiff needed to produce an expert to prove her former attorneys failed to exercise reasonable care, skill, and dispatch. She said counsel had caused her personal injury claim to become time-barred by suing the wrong entity. Background Plaintiff Gigi ...

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Va. Cir.: Family members can recover for wrongful fetal death (access required)

The Virginia Wrongful Death Act permits the distribution of damages to statutory beneficiaries of a fetus beyond only the natural mother. Background Plaintiff Ampara Lopez Healey lost her baby toward the end of her pregnancy, resulting in a stillborn birth. ...

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Va. Cir.: Carrier has no lien on claimant’s third-party settlement (access required)

A workers’ compensation carrier has no lien for a negotiated lump-sum settlement of a claimant›s future benefits in a tort action against a third party. Under Noblin v. Randolf Corp., 180 Va. 345 (1942), and Slusher v. Paramount Warrior, 336 F. Supp. ...

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