Virginia Lawyers Weekly VA Lawyers Weekly

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

A Richmond Circuit Court says there is no cause of action for negligent supervision in Virginia and dismisses a claim against a supervisor of other nurses in this med-mal action alleging negligent post-operative care resulting in injuries from burns or ...

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

Even though there is no allegation that a driver was physically or mentally impaired when allowed to drive a vehicle, plaintiff does allege defendant continued to permit the driver to operate the vehicle despite witnessing the driver’s “road games,” and ...

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

Under the Virginia Supreme Court’s 2009 interpretation of Virginia law on “stacking” UIM coverage, an insured is entitled to only $500,000 in UIM coverage from his two auto liability policies, not the $1.75 million he requests, says an Alexandria U.S. ...

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