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Appeals court reinstates suit against high school coach, AD
The Court of Appeals of Virginia reinstated a suit against Monticello High School coach and athletic director over a heat injury sustained by a soccer player.
Tort- School officials dodge suit over adult’s assault of minor child
Virginia Beach circuit court affirms dismissal of suit alleging gross negligence and 42 U.S.C. § 1983 violations by school officials after bus assistant assaulted minor.
Civil Rights – Jury to decide if officer violated arrestee’s rights
The WDVA denied summary judgment for Lynchburg police officer Seth Reed in a civil rights case alleging excessive force with a police dog against Calvin Wesley.
Negligence – Coach defeats student’s claim of gross negligence
A Virginia court granted summary judgment to a Skyline Middle School coach in a gross negligence claim after a student assault was deemed unforeseeable.
Negligence – Disability insurer denied summary judgment in lawsuit over rescission
Move Freight Trucking and Joshua Flores denied summary judgment on proximate cause in a Virginia interstate 81 crash involving a tractor-trailer and a sleeping driver.
Negligence – Gross negligence claim against school nurse is dismissed
Gross negligence claim against school nurse Katharine O’Shea dismissed in EDVA for Prince William County assault case involving student J.M.H.
Negligence -Assault victim’s negligence claim against Walmart is dismissed
WalMart's negligence claims dismissed in EDVA for failure to prove prior knowledge of criminal activity leading to assault on plaintiff.
Attorneys weigh in on $10M school-shooting jury verdict
A Virginia jury awarded $10M to teacher Abby Zwerner, finding a school administrator grossly negligent in the Richneck Elementary shooting case.
Negligence: Trial court erred when it set aside $500,000 jury verdict
Where a jury found a firefighter was grossly negligent when he collided with a vehicle, the circuit court erred when it set aside that verdict. The evidence did not conclusively establish the firefighter exercised any care to prevent the accident.
Negligence: Gross negligence claim against sheriff survives dismissal
Where the plaintiff alleged the sheriff of Washington County was grossly negligent when he hired a deputy who later killed two people and kidnapped a young girl, this claim survived the sheriff’s motion to dismiss.
Negligence claim revived in student’s sexual assault case
Virginia Court of Appeals reinstates gross negligence claim against educators in case involving alleged sexual assault of special needs student.
Judge rules Zwerner’s suit against former school admin can proceed
A circuit court judge ruled that a $40 million lawsuit over a 2023 school shooting can proceed against a former assistant principal at Richneck Elementary School in Newport News.
Verdicts & Settlements
- Medical Malpractice – Patient suffers stroke from ruptured aneurysm
- Premises Liability- Man suffers paralysis after bench tipped back
- Medical Malpractice – Botched tubal ligation results in childbirth
- Motor Vehicle Negligence – Pickup truck passenger dies from crash injuries
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
Opinion Digests
- Arbitration – Court decides whether nonparty to arbitration agreement can enforce it
- Constitutional – Circuit court applied wrong standard in church dispute
- Civil Procedure – Medical malpractice statute of limitations doesn’t apply to claims against hospital
- Bankruptcy – Creditor can’t examine debtor under Bankruptcy Code § 707(b)(1)
- Administrative – Court construes Native American Graves Protection and Repatriation Act
- Taxation – County’s tax assessment was ‘plainly wrong’
- Negligence – Release doesn’t bar rider’s negligence claim against horse owner
- Bankruptcy – Motion to reinstate Chapter 7 petition previously dismissed by court is denied
- Wills and trusts – Court applied incorrect statute of limitations to breach of trust claims
- Administrative – Doctor’s attacks on license suspension order fails
- Habeas Corpus – Petition attacking military court martial is dismissed
- Parent and Child – Stepmother awarded custody of stepchildren over father’s objection
