Virginia Lawyers Weekly VA Lawyers Weekly

Although a Wegman’s employee did not stay near a warning cone after initially using paper towels to clean up a spill from a broken wine bottle, another employee arrived minutes later to clean mop the area, and the store acted ...

Tagged with: Judge Liam O'Grady Negligence U.S. District Court - Eastern District

The estate of a woman who drowned during a scuba diving certification class sufficiently alleges proximate causation with allegations about inadequate observation of divers and inadequate equipment and staffing, and the Alexandria U.S. District Court says defendants’ affirmative defenses of ...

Tagged with: Judge James C. Cacheris Negligence U.S. District Court - Eastern District

A quadriplegic resident of a nursing home has stated a medical malpractice claim by alleging she was identified upon admission as a fall risk but defendant nursing home failed to have adequate staff or an adequate plan in place to ...

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

Defendant Boy Scouts of America is not entitled to summary judgment in this tort action filed by a Boy Scout who alleges he suffered permanent injury from hemolytic uremic syndrome developed after his illness with E. coli contamination from ground ...

Tagged with: Judge Norman K. Moon Products Liability U.S. District Court - Western District

A drugstore’s confirmation to a hospital that it had available anticoagulant medications prescribed in the hospital for a man who was being discharged after surgery did not assume a duty to provide the medications to the man, and cannot be ...

Tagged with: Judge Glen E. Conrad Negligence U.S. District Court - Western District

In Norfolk Coating’s suit against Sherwin-Williams for breach of contract, breach of implied warranty and fraud related to Sherwin-Williams’ allegedly faulty refurbishment of a sprayer that resulted in peeling paint on ballast tanks painted by Norfolk Coating, the Norfolk U.S. ...

Tagged with: Judge Tommy E. Miller Products Liability U.S. District Court - Eastern District

Plaintiff’s deposition testimony and photographs of an alleged groove one-half inch deep and one-quarter inch across at the entrance to a supermarket do not establish a dangerous condition that caused plaintiff to fall, and even if it was a dangerous ...

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

A plaintiff who suffered injuries in a vehicle collision with a truck and trailer driven by an agent of defendant lawn care service cannot sue defendant for negligence per se under Virginia statutes plaintiff cites that cover towed trailers and ...

Tagged with: Judge Henry Coke Morgan Jr. Negligence U.S. District Court - Eastern District

A woman whose son died in 2007, but who did not discover until she received a 2009 autopsy report that her son’s eyes had been removed despite an alleged lack of consent to organ donation, cannot sue new defendants, a ...

Tagged with: Judge Junius P. Fulton III Negligence Norfolk Circuit Court Virginia Circuit Courts

In a dental patient’s malpractice suit against an oral surgeon who allegedly misdiagnosed the condition of plaintiff’s wisdom teeth and attempted extractions that led to bone perforation, a large sinus opening, bleeding from the nose and permanent jaw numbness, the ...

Tagged with: Justice Elizabeth A. McClanahan Medical Malpractice Supreme Court of Virginia