Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: Judge Rebecca Beach Smith Negligence U.S. District Court - Eastern District

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, ...

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

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. ...

Tagged with: Judge Claude M. Hilton Medical Malpractice U.S. District Court - Eastern District

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 ...

Tagged with: Judge John A. Gibney Jr. Tort U.S. District Court - Eastern District

Although a woman alleged that five court employees conspired to interfere with her civil rights by not providing records she needed to prosecute her appeal, employees cannot conspire with their employer. Background Vicki Lindsey has sued five employees of the ...

Tagged with: Judge John A. Gibney Jr. Tort U.S. District Court - Eastern District

Where the mother of a child killed when a tree fell on their mobile home brought a wrongful death claim, the suit was dismissed because the relationship was contractual and there was no common law or statutory duty owed by ...

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

Where it was undisputed that a grape or multiple grapes were present in the area of store where the plaintiff fell, and testimony suggested the store had actual or constructive notice of grapes in that area, the motion for summary ...

Tagged with: Judge Michael F. Urbanski Premises Liability U.S. District Court - Western District

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 ...

Tagged with: Judge James P. Jones Medical Malpractice U.S. District Court - Western District

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 ...

Tagged with: Judge Michael F. Urbanski Negligence U.S. District Court - Western District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Judge G. Steven Agee Negligence