Virginia Lawyers Weekly VA Lawyers Weekly

In this Federal Tort Claims Act suit alleging negligent failure to diagnose and treat prostate cancer causing impotency, the Roanoke U.S. District Court grants partial summary judgment as to alleged negligence of a nurse practitioner for lack of proof of ...

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

A Wise County Circuit Court says Tennessee notice requirements do not apply in this personal injury suit against a cardiology practice group, as choice-of-law rules make clear that Virginia law governs this case. Since plaintiff filed this action in Virginia, ...

Tagged with: Civil Procedure Judge Chadwick S. Dotson Virginia Circuit Courts Wise County Circuit Court

A personal injury plaintiff can have a companion present when underdoing an Independent Medical Exam and can use a videographer to record the event, at his own expense, says a Hanover County Circuit Court. Virginia Supreme Court Rule 4:10 provides ...

Tagged with: Hanover County Circuit Court Judge J. Overton Harris Negligence Virginia Circuit Courts

A Richmond U.S. District Court magistrate judge says an excavation company that damaged plaintiff Level 3 Communications’ fiber optic cables may bring a third-party action for breach of contract, equitable indemnity and contribution against Accumark Inc., who allegedly incorrectly identified ...

Tagged with: Judge David J. Novak Negligence U.S. District Court - Eastern District

Decedent, a member of a paving crew operating a dump truck filled with asphalt, who was struck and killed by two vehicles that entered the highway construction site and struck a front-end loader, pushing it back into the dump truck ...

Tagged with: Judge Robert P. Doherty Jr. Negligence Roanoke County Circuit Court Virginia Circuit Courts

A Charlottesville U.S. District Court dismisses as time-barred this suit filed by a 64-year-old woman who alleges she developed breast cancer from defendant pharmaceutical companies’ hormone-replacement therapy products Prempro and Provera; plaintiff sued more than two years after she developed ...

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

The owner of a Falls Church jewelry store cannot state a negligence claim against defendant security company after the store was burglarized for an alleged $2.2 million loss, says an Alexandria U.S. District Court. This court previously dismissed a negligence ...

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

A Food Lion store wins summary judgment in a case in which plaintiff’s assertion that she saw a “smushed grape” on the store floor shortly after she fell is the only evidence supporting her claim of negligence; a Richmond U.S. ...

Tagged with: Judge John A. Gibney Jr. Negligence U.S. District Court - Eastern District

As snow had fallen during the two mid-December days before plaintiff went to the post office to mail her Christmas cards, the postmaster had the lot plowed twice, including less than two hours before plaintiff’s arrival, and had repeatedly spread ...

Tagged with: Judge M. Hannah Lauck Negligence U.S. District Court - Eastern District

In litigation arising from the worksite death of a construction laborer, his non-dependent wife who cannot collect workers’ comp benefits may bring a negligence action against the drywall supplier who delivered a load of drywall that allegedly caused the structural ...

Tagged with: Justice Cleo E. Powell Negligence Supreme Court of Virginia