Virginia Lawyers Weekly VA Lawyers Weekly

Where a school bus driver whose vehicle was hit by a tractor-trailer failed to identify one of her experts until 10 months after the deadline in the scheduling order, her claim that he was a rebuttal expert was rejected. Her ...

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

Where the record did not show the decedent had frequent, regular and proximate contact with a company’s asbestos insulation, the company prevailed on the wrongful death claims. Background After Charles F. Connor died at the age of 90 of mesothelioma, ...

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

Where a minor plaintiff claims defendant fraternity members required him to consume large amounts of alcohol if he wanted further consideration for membership, most of his claims survive defendants’ demurrers and pleas at bar. Party time Plaintiff alleges that he ...

Tagged with: 27th Circuit Court Judge Josiah T. Showalter Jr. Personal Injury Virginia Circuit Courts

Where defendants seek to admit a doctor’s note in plaintiff’s medical records without having him testify at a deposition or at trial, the portion of the note containing plaintiff’s medical history and his condition when he arrived at the hospital ...

Tagged with: Judge William W. Eldridge IV Medical Malpractice Virginia Circuit Courts Winchester City Circuit Court

Where a retired but still active pastor alleged molested a child who belonged to a local church, the circuit court incorrectly dismissed her claims against the state and national churches for negligent hiring and retention, vicarious liability and negligent infliction ...

Tagged with: Justice Stephen R. McCullough Personal Injury Supreme Court of Virginia

An insurer’s vehicle policies unambiguously prevent stacking of underinsured coverage for bodily injury. As a result, the available coverage for the injured party is limited to $25,000, instead of a greater amount he claims is available. Policies Fafa was involved ...

Tagged with: Fairfax County Circuit Court Insurance Judge Stephen C. Shannon Virginia Circuit Courts

Where a woman who had been associated with former Trump National Security Advisor Michael Flynn brought defamation claims against several media organizations claiming a conspiracy to defame and injure her, neither linking to the original article via a hyperlink nor ...

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

Where plaintiff alleges that a city created a public nuisance by not replacing a missing stop sign at the intersection where another driver collided with her car, the city’s demurrer is overruled. However, the city’s special plea of sovereign immunity ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Personal Injury Virginia Circuit Courts

Where plaintiff was injured on a wet floor in defendant hospital, the circuit court erred by granting the hospital’s motion to strike based on plaintiff’s failure to state a prima facie case of negligence. Plaintiff testified at trial that the ...

Tagged with: Premises Liability Supreme Court of Virginia

Where the former city attorney failed to show that a news story about his termination by the city council and the restrictions it put on his entry to City Hall was published with actual malice, the television station prevailed on ...

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