Virginia Lawyers Weekly VA Lawyers Weekly

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 ...

Tagged with: Civil Practice Judge David B. Carson Roanoke County Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Judge John A. Gibney Jr. Negligence Personal Injury U.S. District Court - Eastern District

A Home Depot shopper in Virginia Beach who lost a leg after a vehicle ran over a curbed median alleges that Home Depot was negligent because it had notice of the dangerous design of its parking lot design but failed ...

Tagged with: Negligence Personal Injury U.S. District Court - Eastern District

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. ...

Tagged with: Judge Leonie Brinkema Tort U.S. District Court - Eastern District

In an issue of first impression, the court held that to succeed on a claim a hospital admission was not made in good faith, evidence must show the hospital admitted a patient solely to satisfy its Emergency Medical Treatment and ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge A. Marvin Quattlebaum Jr. Tort

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, ...

Tagged with: Civil Procedure Judge Everett A. Martin Jr. Norfolk Circuit Court Personal Injury Virginia Circuit Courts

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Richard M. Gergel Personal Injury Premises Liability Tort Unpublished Opinion

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 ...

Tagged with: Attorneys Civil Procedure Evidence Legal Malpractice Per Curiam Opinion Personal Injury Supreme Court of Virginia

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. ...

Tagged with: Fairfax County Circuit Court Judge David A. Oblon Medical Malpractice Personal Injury Virginia Circuit Courts

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. ...

Tagged with: Buckingham County Circuit Court Insurance Judge Donald Carl Blessing Personal Injury Virginia Circuit Courts Workers' Compensation