Virginia Lawyers Weekly VA Lawyers Weekly

Where a driver allegedly injured when a tractor trailer hit her car claimed the vehicle’s driver drove at an excessive rate of speed and failed to maintain lane position, her willful and wanton negligence claim was dismissed because the allegations ...

Tagged with: Judge Mark R. Colombell Negligence U.S. District Court - Eastern District

Although the circuit court concluded that paramedics who failed to thoroughly read the decedent’s advanced directives were “clearly negligent, and probably grossly negligent,” the court correctly concluded they were entitled to immunity from plaintiff’s wrongful death suit. This is the ...

Tagged with: Justice Cleo E. Powell Personal Injury Supreme Court of Virginia

Where a driver alleged a road repaving company was responsible for his auto accident, and the parties disputed where the accident occurred and whether the driver switched lanes despite a posted “stay in lane” sign, the company’s motion for summary ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District

Where there was video evidence showing a shopper fell over a hose near the entrance to a Walmart garden center, a jury will decide if the hose was “open and obvious” and if a warning cone was visible. Background Marva ...

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

Where a medical expert for a man injured in a motorcycle accident provided an untimely report and a medical expert for a paving company mischaracterized the facts and data he considered in forming his opinions, both doctors were excluded from ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District

Where a widow alleged her husband’s death was caused by his exposure to contaminated water and environmental toxins while he was stationed at Camp Lejeune, her complaint was properly dismissed. The alleged exposure occurred in the course of the decedent’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge James A. Wynn Jr. Tort

Where a prison guard was beaten to death by an inmate, her father’s suit failed to plead facts showing how individuals who managed the prison or worked there created or enhanced the danger that resulted in her death. Background Sergeant ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge A. Marvin Quattlebaum Jr. Negligence

Where a woman’s treating physicians reached their opinions while treating her that a motor vehicle accident caused her spinal injury, no expert report was necessary. And where the opinions were disclosed during discovery and depositions, there was no prejudice to ...

Tagged with: Judge Douglas E. Miller Negligence U.S. District Court - Eastern District

Where a tourist allegedly slipped and fell while staying at a Hilton hotel in Aruba, her premises liability claim failed because the Hilton was not the record owner of the resort and the sidewalk was “public.” Background In January 2019, ...

Tagged with: Judge Rossie D. Alston Jr. Premises Liability U.S. District Court - Eastern District

Where a furniture truck became stuck during a delivery, the drivers failed to use a professional tow and salvage operator, and the plaintiff was allegedly injured during efforts to extricate the truck, his negligence claims survive a motion to dismiss. ...

Tagged with: Judge Robert S. Ballou Negligence U.S. District Court - Western District