Virginia Lawyers Weekly VA Lawyers Weekly

In plaintiff’s suit alleging the hormone therapy drug Prempro caused her breast cancer, an Alexandria U.S. District Court denies summary judgment to defendant manufacturer on plaintiff’s claim for negligent design defect; the court grants summary judgment for Wyeth on plaintiff’s ...

Tagged with: Judge T.S. Ellis III Products Liability U.S. District Court - Eastern District

A plaintiff who won $150,000 compensatory and $10,000 punitive damages in her suit alleging injuries from a car collision is entitled to an additional award of costs for $1,062.25, not the $8,597.46 she seeks, as the Harrisonburg U.S. District Court ...

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

A full-time telecommuter for the General Services Administration who was involved in a traffic accident while driving from home in his personal vehicle to GSA offices in Alexandria is not entitled to a certification of scope of employment that will ...

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

Although litigation was “reasonably foreseeable” after plaintiff, a railroad conductor, allegedly fell from a railcar when the grab iron he was holding broke, that does not mean defendant railroad can refuse to provide documents to plaintiff conductor, including its initial ...

Tagged with: Hopewell Circuit Court Judge W. Allan Sharrett Negligence Virginia Circuit Courts

A firefighter cannot sue for personal injuries suffered when a firehouse pole platform, installed in January 1999, collapsed in 2006, as the steel platform and pole are “ordinary building materials,” not “equipment, machinery or other article,” and the Supreme Court ...

Tagged with: Justice Elizabeth B. Lacy Negligence Supreme Court of Virginia

In this wrongful death suit arising from the collision of an 18-wheel tractor-trailer with a 2005 Dodge Grand Caravan on I-81in Wythe County, a magistrate judge for the Abingdon U.S. District Court allows the truck driver to invoke his Fifth ...

Tagged with: Judge Pamela Meade Sargent Negligence U.S. District Court - Western District

In this wrongful death suit arising from the collision of an 18-wheel tractor-trailer with a 2005 Dodge Grand Caravan on I-81in Wythe County, an Abingdon U.S. District Court dismisses plaintiffs’ negligent hiring claim, but lets the claim for punitive damages ...

Tagged with: Judge James P. Jones Negligence U.S. District Court - Western District

In a lawsuit by a carrier against its own driver and the driver of another tractor-trailer, that was trying to merge onto a highway and was rear-ended by plaintiff’s driver, a Richmond U.S. District Court says that despite “extensive and ...

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

A Roanoke City Circuit Court says a correctional officer being sued in federal court by a former inmate for assault and battery, who claims the assaults occurred with the defendant warden’s knowledge, has stated a claim for defense against the ...

Tagged with: Judge Jonathan M. Apgar Roanoke Circuit Court Tort Virginia Circuit Courts

In personal injury litigation arising from an accident in which each party was driving an employer’s vehicle, a Richmond Circuit Court sorts out the insurance policy coverage for the injured plaintiff and holds that “stacking” is not permitted. Plaintiff Roberta ...

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