Virginia Lawyers Weekly VA Lawyers Weekly

Where defendant was sued for defamation and has asserted counterclaims, some claims survive plaintiff’s demurrers while others are barred by the statute of limitations. Background In the underlying suit, filed on March 1, 2019, plaintiff John C. Depp sued defendant ...

Tagged with: Defamation Fairfax Circuit Court Judge Bruce D. White Virginia Circuit Courts

Even though plaintiff executor sued defendant care provider in Norfolk County despite the fact that plaintiff’s decedent was treated in defendant’s Sussex County facility, defendants’ motion to transfer venue is denied. Overview Medical Facilities of America, the lead defendant in ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Where a woman slipped and fell on laundry detergent while shopping at a Walmart, and surveillance video showed what appeared to be a Walmart employee placing paper towels after another customer nearly fell a few minutes earlier, a jury is ...

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

Negligence Where video from a store security camera showed an 8-foot, bright yellow ladder that had fallen over was open, obvious and conspicuous, the store owed no duty of care with respect to its danger. Consequently judgment was entered against ...

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

Defendant doctor’s demurrer to plaintiff’s personal injury claim is overruled because plaintiff has pleaded emotional distress accompanied by a physical injury. Decision “For the purpose of surviving a demurrer, a pleading is ‘sufficient if it clearly informs the opposite party ...

Tagged with: Personal Injury Roanoke City Circuit Court Virginia Circuit Courts

A Walmart customer who was injured when a bench broke while he was trying on shoes failed to show the store had notice about the bench’s dangerous condition. Although a store employee noticed that something “didn’t look exactly right,” as ...

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

Where photographs taken of the “debris field” after an accident between a postal vehicle and a woman’s car supported her testimony that the driver of the postal vehicle caused the accident, the woman and her minor daughter were awarded almost ...

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

A school superintendent’s allegedly defamatory statements to the public about a cheating scandal at an elementary school were not protected by the “common interest” privilege. There were no cases holding the qualified privilege can apply between a supervisor and the ...

Tagged with: Judge Robert E. Payne Tort U.S. District Court - Eastern District

Where plaintiff sued decedent’s estate, alleging the decedent sexually abused him, a negligence claim against decedent’s wife based on theories of employer-employee, business proprietor-invitee and custodial supervision, the wife’s demurrer is sustained with prejudice. Allegations Plaintiff sued Virginia Music Adventures, ...

Tagged with: Fairfax County Circuit Court Judge Penney S. Azcarate Personal Injury Virginia Circuit Courts

Plaintiff may sue for personal injuries arising from an automobile accident in Virginia even though he was awarded workers’ compensation benefits in Maryland. Background Plaintiff and defendant Edwards are both Maryland residents and work for the same Maryland employer. Edwards ...

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