Virginia Lawyers Weekly VA Lawyers Weekly

Defendant power company did not have actual or constructive knowledge of a potential risk of the infectious lung disease histoplasmosis allegedly contracted by plaintiff, a boilermaker at one of defendant’s coal-fired power plants; the mere existence of a document on ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Stephanie Dawn Thacker Negligence

An Orange County Circuit Court grants a special plea of sovereign immunity to a defendant who provided nursing services at a county nonprofit nursing facility. In the requests for admission, plaintiff admitted Dogwood Village was a nonprofit nursing facility owned ...

Tagged with: Negligence Orange County Circuit Court Virginia Circuit Courts

In this suit alleging wrongful death from injuries sustained when a gas-powered welder defendant manufactured exploded and emitted fiery gasoline, the Richmond Circuit Court denies defendant’s motion for a bill of particulars and orders defendant to provide the requested discovery ...

Tagged with: Judge Melvin R. Hughes Jr. Products Liability Richmond Circuit Court Virginia Circuit Courts

A defendant sergeant for the sheriff’s department who allegedly rear-ended plaintiff while driving two work inmates in a city vehicle to a job site does not have sovereign immunity from a personal injury action filed by plaintiff. Routine driving activities ...

Tagged with: Chesapeake Circuit Court Judge Marjorie T. Arrington Negligence Virginia Circuit Courts

A plaintiff alleging injury from a defectively manufactured 1996 Grizzly Tree Step used in hunting has had a sufficient opportunity for discovery, but his products liability claim rests only on his experts’ inadmissible speculation, and the Roanoke U.S. District Court ...

Tagged with: Judge Samuel G. Wilson Products Liability U.S. District Court - Western District

When an insurance carrier for a barge charterer defending a personal injury suit filed by a plaintiff who allegedly was injured while working on the barge seeks a declaratory judgment action against a range of insurance companies, plaintiff’s cross-claims against ...

Tagged with: Insurance Judge Charles E. Poston Norfolk Circuit Court Virginia Circuit Courts

A plaintiff may not claim punitive damages against defendant hospice and its two employees based on allegations relating to use of an “IV pain pump” and/or a “double infusion pump,” as plaintiff’s general factual allegations may state a claim of ...

Tagged with: Buchanan County Circuit Court Judge Patrick R. Johnson Negligence Virginia Circuit Courts

Two plaintiffs who claim they were approached at a bonfire near the beach house where they were vacationing and harassed about being gay and beaten by defendants can sue for conspiracy to commit assault and battery, based on allegations that ...

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

A plaintiff may not sue defendant physician for assault for allegedly performing an experimental surgical procedure that removed too much skin from her eyelid because the claim is barred by Virginia’s two-year statute of limitations for personal injury; the Alexandria ...

Tagged with: Judge Gerald Bruce Lee Tort U.S. District Court - Eastern District

A Harrisonburg U.S. District Court says defendant WhitePages has immunity under the Communications Decency Act from a tort suit filed by plaintiff, who alleges injury from receiving “thousands of unwanted telephone calls after defendant incorrectly listed his address and telephone ...

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