Virginia Lawyers Weekly VA Lawyers Weekly

Where the father of a 14-year-old alleged that her face was smashed into the floor by Lynchburg police officers working off-duty at a mall, her suit was narrowed because the facts did not support claims for intentional infliction of emotional ...

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

Where defendants sued for their alleged responsibility for a motor vehicle accident argued that one company was improperly named as a defendant, but the record showed a potential basis for liability against that company, its presence destroyed diversity jurisdiction and ...

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

Where an engineering manufacturer intends to rely upon the government contactor defense in an asbestos suit, it must present evidence of the government’s knowledge about the asbestos hazards presented by the manufacturer’s products or equipment, and not just the government’s ...

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

Where a man was twice arrested for charges based on a woman’s allegedly false reports and he claims to have suffered post-traumatic stress disorder even after the charges were dismissed, his suit for intentional infliction of emotional distress survived the ...

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

Where a polo player was investigated for allegedly directing a racial slur toward a minor and then bullying him, but was cleared of the charges, his subsequent defamation, breach of contract and emotional distress claims against the investigating organization were ...

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

Where a hospital was granted summary judgment on a claim that it breached the standard of care by failing to timely transfer a patient to another hospital, but the district court erred in its interpretation of West Virginia’s Medical Professional ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allison Jones Rushing Negligence

Where two men filed suit over their interaction with security at Busch Gardens amusement park and planned to testify as experts on security personnel conduct in their own case, they were precluded from doing so because their disclosures were deficient ...

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

Where photos showed that two wooden pallets in a Walmart garden center over which a shopper tripped were an open and obvious condition of which she was aware or should have been aware, the store was granted summary judgment. Background ...

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

Where a man killed in an automobile accident had $1.5 million in uninsured and underinsured, or UM coverage, motorist coverage, and his estate accepted a $1.25 million wrongful-death settlement from the responsible driver’s carriers, the estate is awarded $250,000 in ...

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

Where a shopper had a reasonable opportunity to recognize a display pallet’s shape and contours, the risk of tripping over it was open and obvious. When she tripped and fell over the display, her negligence contributed to her injury. Background ...

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