Virginia Lawyers Weekly VA Lawyers Weekly

Where the wife of the owner of a company sought coverage under the company’s policy for an auto accident, the carrier was granted summary judgment because the wife was not an insured, was not occupying a covered auto under the ...

Tagged with: Insurance Judge Roderick C. Young U.S. District Court - Eastern District

Where the Virginia Department of Medical Assistance Services asserted a Medicare lien of more than $96,000 on appellant’s $370,000 personal injury settlement, the evidence supports the trial court’s reduction of the lien to $85,000. Contrary to appellant’s argument, there are ...

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

Where a driver and his employer who were sued for allegedly causing a motor vehicle accident that injured the plaintiff both filed answers that explicitly reserved their right to raise contributory negligence as a defense, the plaintiff was on notice ...

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

Where two treating physicians both intended to testify about the future medical needs of a woman allegedly injured at an amusement park, one was excluded as cumulative. Because the excluded physician was no longer treating the woman and her current ...

Tagged with: Judge Roderick C. Young Negligence U.S. District Court - Eastern District

Where a gas station placed a sign warning customers about a wet floor, the water was open and obvious and it wasn’t clear if the wet floor or outside rain were the reason for a slip-and-fall, the gas station prevailed ...

Tagged with: Judge Claude M. Hilton Negligence U.S. District Court - Eastern District

Where a high school student alleged a male nurse practitioner assaulted her during a medical exam, and the medical facility argued the alleged assault and battery was not within the scope of his employment, discovery was required to determine whether ...

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

Where two insurers asserted the other must pay for a four-million-dollar wrongful death settlement, the district court correctly held that one policy was a primary policy that was required to cover the settlement, while the other policy provided only excess ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance

Where two passengers allegedly injured during a boat accident sued the individual piloting the boat, and he then sued another company for breach of contract, the contract-based claims were bifurcated from the tort claims because the facts, evidence and witnesses ...

Tagged with: Judge Roderick C. Young Negligence U.S. District Court - Eastern District

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