Virginia Lawyers Weekly VA Lawyers Weekly

A plaintiff who alleges injuries from exposure to toxic mold at his school when he entered kindergarten in 2007 may sue the school board and the school system’s two officials responsible for facilities and maintenance for fraud and gross negligence, ...

Tagged with: Judge Rodham T. Delk Jr. Negligence Suffolk Circuit Court Virginia Circuit Courts

The estate of a man who allegedly contracted a MRSA infection because of the negligence of defendant, a hospital in Maryland, cannot sue the hospital under the Maryland Health Care Claims Act in a Virginia federal court; the Richmond U.S. ...

Tagged with: Judge Henry E. Hudson Medical Malpractice U.S. District Court - Eastern District

The 4th Circuit upholds the district court decision that plaintiff has no common law tort claim against defendant Medtronic, maker of the allegedly defective SynchroMed pump for delivery of medication through a catheter, as her claim is preempted by the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allyson K. Duncan Products Liability

In this auto-accident case, a Prince William County Circuit Court declines to apply the Maryland cap on non-economic damages because the court finds the cap does not affect substantive rights in a wrongful death, but merely affects the remedy; but ...

Tagged with: Judge Craig D. Johnston Negligence Prince William County Circuit Court Virginia Circuit Courts

In an injured seaman’s suit against the owner of a commercial fishing vessel, a Gloucester County Circuit Court excludes plaintiff’s expert because defendant had no duty under maritime law to perform a “job hazard analysis” on vessel-to-vessel ingress and egress, ...

Tagged with: Gloucester County Circuit Court Judge Norman A. Thomas Negligence Virginia Circuit Courts

A plaintiff who won a jury award of $150,000 compensatory and $10,000 punitive damages for her injuries from a car collision may recover an additional $1,062.25 in costs for copying costs, clerk fees and court reporter fees, but the Harrisonburg ...

Tagged with: Judge Samuel G. Wilson Negligence U.S. District Court - Western District

A plaintiff who slipped and fell on water inside the entrance to a Hardee’s restaurant cannot sue the restaurant manager for negligence in putting down snow melt and warning cones outside and failing to keep water off the floor where ...

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

A Norfolk Circuit Court says a prospective buyer who entered a Fannie-Mae-owned home and was seriously injured when he walked down unlit basement stairs that were missing multiple steps at the bottom, can sue Fannie Mae, but not the realty ...

Tagged with: Judge Everett A. Martin Jr. Norfolk Circuit Court Premises Liability Virginia Circuit Courts

Although defendant restaurant owner says plaintiff, who alleges he cracked a porcelain crown while eating at defendant’s restaurant, will wind up with better teeth than he had before the incident, a Norfolk Circuit Court says that’s not a reason to ...

Tagged with: Judge Everett A. Martin Jr. Negligence Norfolk Circuit Court Virginia Circuit Courts

Although an OB-GYN did not have an active practice in nursing, he performed postpartum monitoring of high-risk patients with preeclampsia and could testify as an expert in a med-mal suit alleging a nurse’s failure to monitor plaintiff led to her ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge James A. Wynn Jr. Medical Malpractice