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Personal Injury

Post-sale duty to warn about defective product recognized (access required)

Although the Virginia Supreme Court has yet to recognize a post-sale duty to warn, the court held a manufacturer is liable for failing to warn about dangers discovered after selling a product if it was reasonable to provide such warnings. ...

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Store sanctioned for not preserving footage of slip/fall (access required)

Where a Kroger’s security camera recorded portions of a customer’s slip and fall but failed to preserve the footage, multiple sanctions were imposed, including that the store’s summary judgment motion was denied, the jury would be instructed regarding the lost ...

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Some counterclaims survive demurrer in defamation case (access required)

Where defendant was sued for defamation and has asserted counterclaims, some claims survive plaintiff’s demurrers while others are barred by the statute of limitations. Background In the underlying suit, filed on March 1, 2019, plaintiff John C. Depp sued defendant ...

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Venue transfer denied in med-mal case (access required)

Even though plaintiff executor sued defendant care provider in Norfolk County despite the fact that plaintiff’s decedent was treated in defendant’s Sussex County facility, defendants’ motion to transfer venue is denied. Overview Medical Facilities of America, the lead defendant in ...

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Plaintiff claims emotional distress affected diabetes (access required)

Defendant doctor’s demurrer to plaintiff’s personal injury claim is overruled because plaintiff has pleaded emotional distress accompanied by a physical injury. Decision “For the purpose of surviving a demurrer, a pleading is ‘sufficient if it clearly informs the opposite party ...

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