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Personal Injury

Some counterclaims survive demurrer in defamation case (access required)

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 ...

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Venue transfer denied in med-mal case (access required)

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 ...

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Plaintiff claims emotional distress affected diabetes (access required)

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 ...

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Allegedly defamatory statements to public not privileged (access required)

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 ...

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Negligence claim against decedent’s wife dismissed (access required)

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, ...

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Maryland workers’ comp award no bar to personal injury suit (access required)

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 ...

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