Quantcast
Home / Opinion Digests / Personal Injury (page 3)

Personal Injury

U.S. immune from suit over slip-and-fall at commissary (access required)

Where custodial functions at the Fort Eustis commissary were performed by an independent contractor, and the government had the discretion to retain that contractor, the government had immunity against a suit where the plaintiff alleged injuries as a result of ...

Read More »

Workers’ comp exclusivity applies to volunteer (access required)

Where a woman was injured while volunteering as a bartender, her negligence suit was preempted by the exclusivity provision of the Virginia Workers’ Compensation Act because her work was sufficiently controlled by the “employer.” Background On or about April 17, ...

Read More »

Failure to exhaust administrative process dooms claim (access required)

Where a doctor twice operated on a plaintiff’s elbow and she cited only the second surgery as negligent on her administrative claim form, there was no jurisdiction over a suit about the first surgery because it was not administratively exhausted. ...

Read More »

Exec fails to prove conspiracy by reporter and publisher (access required)

Although the former executive of a Richmond-based advertising agency alleged a New York-based reporter and publisher conspired to harm his reputation by publishing false and defamatory articles about his resignation, the targeted conduct— news-gathering, fact-checking and publication—is typical of news ...

Read More »

Virginia expert certification not required in federal court malpractice case (access required)

Although a Virginia statute requires an opinion of a certifying expert as of the time service of process is requested in a medical malpractice case, and a Tennessee statute requires a certificate of good faith to be filed with the ...

Read More »

Conductor’s accident occurred while railcar was ‘in use’ (access required)

Although a railcar was not being operated at the time a Norfolk Southern Railroad Company conductor fell off a culvert, the train was “in use” because it was on the mainline, the conductor was performing final tasks before the train’s ...

Read More »

Alleged error in jury instruction was harmless (access required)

Although a company argued it was improperly held liable for the conduct of an alleged employee because of a faulty jury instruction, the alleged error was harmless. There was “extensive evidence,” independent of the alleged faulty instruction, showing the company ...

Read More »