Virginia Lawyers Weekly VA Lawyers Weekly

The daughter and sister of a woman who died due to surgery complications lacked personal knowledge as to whether their mother knew of alternatives to surgery or whether she would have elected such alternatives had she known. Background In 2011, ...

Tagged with: Evidence Justice Stephen R. McCullough Medical Malpractice Personal Injury Supreme Court of Virginia Tort

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

Tagged with: Judge David W. Lannetti Municipal Negligence Norfolk Circuit Court Personal Injury Tort Virginia Circuit Courts

The plaintiff’s medical expert, who was preferred only to opine on the standard of care in performing a hysterectomy, could not present testimony on whether and how the patient’s outcome would have been different had the defendant called for a ...

Tagged with: Evidence Justice Cleo E. Powell Medical Malpractice Personal Injury Supreme Court of Virginia Tort

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

Tagged with: Constitutional Judge David W. Lannetti Municipal Norfolk Circuit Court Tort Virginia Circuit Courts

The death of a leasing agent, who was stabbed to death while working at her leasing office, arose out of her employment with the apartment complex. Therefore, her estate could obtain remedies against her employer only as provided in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Per Curiam Opinion Workers' Compensation

In this suit by owners of Volkswagen diesel automobiles alleging claims for fraud, breach of warranty and violation of consumer protec­tion statutes, a Fairfax Circuit Court refuses to stay plaintiffs’ state-court suits pending fi­nal approval of a settlement in a ...

Tagged with: Fairfax County Circuit Court Judge Bruce D. White Products Liability Virginia Circuit Courts

In plaintiff’s suit seeking to hold defen­dants liable for personal injuries she al­legedly suffered as a result of using Mire­na, a levonorgestrel-releasing intrauterine system manufactured by defendant Bayer, a Harrisonburg U.S. District Court grants defendants’ motion to exclude new opinions ...

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

An Alexandria U.S. District Court denies plaintiff’s ex parte motion seeking a tempo­rary restraining order enjoining defendant motel from altering the state of their water systems pending resolution of plaintiff’s suit alleging her husband, who suffered from leukemia, died from ...

Tagged with: Judge James C. Cacheris Negligence U.S. District Court - Eastern District

In plaintiff’s products liability suit involving a roof seamer, a Danville U.S. District Court grants plaintiff’s motion to strike a defense of assumption of the risk to plaintiff’s breach of implied war­ranty claim. Plaintiff alleges he was injured while using ...

Tagged with: Judge Jackson L. Kiser Products Liability U.S. District Court - Western District

A plaintiff whose ankle was injured when struck by an electronic shopping cart at a Wal-Mart store has not estab­lished a prima facie case for negligent design with a mechanical engineer’s ex­pert opinion that the cart would have been safer ...

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