Virginia Lawyers Weekly VA Lawyers Weekly

Although a customer who shot and killed an employee of an optometrist located at a Walmart store in Yorktown purchased the weapon at Walmart, the private nuisance and negligence claims against Walmart were dismissed. The employee maintained no property right ...

Tagged with: Judge Raymond A. Jackson Negligence U.S. District Court - Eastern District

Where a state prisoner alleged in a pro se complaint that he tripped and was injured while falling down stairs that the Department of Corrections negligently maintained, the trial court erred by dismissing the complaint with prejudice. Overview AlBritton, an ...

Tagged with: Justice D. Arthur Kelsey Personal Injury Virginia Supreme Court

Where a pipefitter diagnosed with mesothelioma testified he had no knowledge whether asbestos was used during the construction of a plant and the plant’s owners submitted copious evidence showing there was no asbestos at the plant, the owners prevailed on ...

Tagged with: 4th U.S. Circuit Court of Appeals Negligence

Where a municipality sought contribution and equitable indemnification from an excavating company that performed work two years earlier in the area where plaintiff was injured when she fell into a depression in the ground, the excavating company’s demurrer is sustained ...

Tagged with: Fairfax Circuit Court Judge Richard E. Gardiner Personal Injury Virginia Circuit Courts

A CVS customer who was allegedly injured when her cart overturned in the parking lot could not rely on the Americans with Disabilities Act requirements for parking lots as evidence of the store’s negligence per se as the customer was ...

Tagged with: Judge Robert S. Ballou Negligence U.S. District Court - Western District

A driver allegedly responsible for a multicar accident that injured the plaintiff was unable to keep the case in federal court. Although the case was initially removed on the basis of diversity jurisdiction, where the facts showed a second man ...

Tagged with: Judge Thomas T. Cullen Negligence U.S. District Court - Western District

Where plaintiff alleged a poisonous snake bit her as she entered defendant’s restaurant, demurrers to her negligence and negligence per se claims are sustained with leave to amend. A negligence count against the owner of a retention pond near the ...

Tagged with: 15th Circuit Court Judge William E. Glover Personal Injury Virginia Circuit Courts

Although a man injured while shopping at Walmart agreed to settle his negligence claim for $20,000, because Walmart required execution of a settlement agreement as a material term, and no agreement was ever executed, there was no binding settlement.  Background ...

Tagged with: Contract Judge Lawrence R. Leonard U.S. District Court - Eastern District

Although the Virginia Supreme Court has yet to recognize a post-sale duty to warn, the court held a manufacturer is liable for failing to warn about dangers discovered after selling a product if it was reasonable to provide such warnings. ...

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

Where a Kroger’s security camera recorded portions of a customer’s slip and fall but failed to preserve the footage, multiple sanctions were imposed, including that the store’s summary judgment motion was denied, the jury would be instructed regarding the lost ...

Tagged with: Judge Lawrence R. Leonard Judge Rebecca Beach Smith Premises Liability U.S. District Court - Eastern District