Virginia Lawyers Weekly VA Lawyers Weekly

Where a family was injured when a tree fell into their yard from a conservation easement maintained by a homeowners’ association, an arborist the association hired almost a year earlier to inspect and identify potentially harmful trees owed no duty ...

Tagged with: Fairfax County Circuit Court Judge John M. Tran Personal Injury Virginia Circuit Courts

Experts’ conclusions about the lost earning capacity of a woman injured in a motor vehicle accident were not based on an unfounded assumption of full-time employment, or “entirely upon statistics and assumptions.” The defendants can cross examine the experts about ...

Tagged with: Judge Glen E. Conrad Negligence U.S. District Court - Western District

Even if a company had meritorious defenses to the negligence claim brought by a workman who was seriously injured when he fell through a collapsing grate, it did not show that its failure to timely respond to the complaint was ...

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

Where two lawsuits arose out of the same motor vehicle accident, have common parties and allege the same conduct against one another, consolidation avoided the risk of inconsistent adjudication; reduced burdens on the parties, witnesses and judicial resources; reduced the ...

Tagged with: Judge Joel Hoppe Negligence U.S. District Court - Western District

Where immaterial and impertinent fictional dialogue from a television program depicting police misconduct could cause confusion between fictional events and the real facts and claims, the dialogue was stricken from the complaint as it could prejudice police officer defendants in ...

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

Where the disclosure of two expert doctors came after the close of discovery, allowing them would likely delay the trial or prejudice the plaintiff and thus they will not be allowed to opine on the plaintiff’s alleged traumatic brain injury. ...

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

Where the automobile policy was effectively rescinded because the insured failed to pay the policy premium and ignored follow-up letters, the carrier had no duty with respect to a subsequent car accident. Background Plaintiff sought a declaration that it does ...

Tagged with: Insurance Judge Anthony J. Trenga U.S. District Court - Eastern District

Although an individual who was struck by a vehicle in the parking lot of a Sam’s East did not disclose his traffic flow and parking lot design expert by the court’s deadline, the disclosure was not unduly prejudicial because Sam’s ...

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

Where a clown at a Halloween event at Busch Gardens allegedly approached the plaintiff from behind, whispered something in her ear and then yelled out and startled her, that conduct did not support a claim for assault because it did ...

Tagged with: Judge Robert G. Doumar Negligence U.S. District Court - Eastern District

A $475,000 settlement in a case alleging medical negligence in the wrongful death of a father was determined to be fair. In addition, a child who was born 301 days after his father left for Vietnam was presumed to be ...

Tagged with: Judge T.S. Ellis III Medical Malpractice U.S. District Court - Eastern District