Virginia Lawyers Weekly VA Lawyers Weekly

A Fairfax Circuit Court upholds a jury award to a woman who alleges defendant radiologist failed to diagnose her with Stage I or II breast cancer after reading her mammogram, so that her cancer progressed and reduced her chance of ...

Tagged with: Fairfax County Circuit Court Judge Jonathan C. Thacher Medical Malpractice Virginia Circuit Courts

A Richmond Circuit Court says certain allegations will be “deemed admitted” under Rules of Court because defendant’s discovery responses stated an attached exhibit of medical record “speaks for itself.” In this medical malpractice case, plaintiff’s complaint references 20 attached exhibits ...

Tagged with: Judge Melvin R. Hughes Jr. Medical Malpractice Richmond Circuit Court Virginia Circuit Courts

A widow’s survival action for medical malpractice against Virginia Surgical Associates P.C. (VSA) is saved by the tolling provisions of Va. Code § 8.01-229(E)(3), the Supreme Court of Virginia says; her survival action arises out of the same cause of ...

Tagged with: Justice Charles S. Russell Medical Malpractice Supreme Court of Virginia

A woman’s suit against the manufacturer of the LAP-BAND medical device for surgical weight loss is preempted  by the Medical Device Amendments to the FDA and is dismissed by the Alexandria U.S. District Court. The LAP-BAND is a Class III ...

Tagged with: Judge Gerald Bruce Lee Products Liability U.S. District Court - Eastern District

In this wrongful death suit against a truck driver who had received five traffic summonses, including one for reckless driving, plaintiff may sue the driver’s employer, but not the truck owner, on a theory of respondeat superior, but plaintiff has ...

Tagged with: Judge Norman K. Moon Negligence U.S. District Court - Western District

A prospective buyer who entered a Fannie-Mae-owned home and was injured when he walked down basement stairs that were missing multiple steps at the bottom can try his claims against Fannie Mae for negligence and negligence per se, but the ...

Tagged with: Judge Douglas E. Miller Premises Liability U.S. District Court - Eastern District

An auto-accident plaintiff’s allegations about a truck driver’s bad driving record do not support a claim of negligent entrustment, but they do support a claim of negligent hiring and negligent retention, says a Rockingham County Circuit Court. The Supreme Court ...

Tagged with: Judge Thomas J. Wilson IV Negligence Rockingham County Circuit Court Virginia Circuit Courts

A plaintiff who alleged he walked carefully down snow-packed stairs in a parking garage owned by defendant Washington Metropolitan Area Transit Authority for two days prior to falling down the stairs on the third day when he encountered snow-packed stairs, ...

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

In a prospective home buyer’s suit alleging injuries from a fall as she was descending a stairwell with a handrail that did not extend for the last three steps, the Alexandria U.S. District Court grants summary judgment to defendant seller ...

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

A restaurant patron who was stabbed by another patron can sue the restaurant based on an allegation that restaurant staff continued to serve alcohol to the assailant after he had misbehaved and created a dangerous situation; the Norfolk Circuit Court ...

Tagged with: Negligence Norfolk Circuit Court Virginia Circuit Courts