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Driver liable for more than $266K in damages
Where a driver engaged in willful and wanton negligence when she drove between 76-81 mph on a 45mph road during a morning commute before hitting a pregnant woman’s car and injuring her minor son, the injured woman was awarded more than $266,000 to compensate her for her medical expenses, pain and suffering, emotional distress and […]
Late answer allowed in declaratory judgment suit
Where a man failed to timely respond to a complaint seeking a declaration his automobile liability insurer owed him no duty with respect to an accident, but he may have meritorious defenses to the claims, acted promptly after learning about the default, was reasonably confused about whether he was being afforded a defense, had no […]
Res judicata doesn’t bar attorney’s fees claim
Where two debt collectors argued an attorney’s fees claim brought by a consumer was barred by res judicata, but they failed to show that the prior dismissal was a judgment on the merits, and the prior litigation did not involve the same conduct, occurrence or transaction, the res judicata arguments were rejected. Background In this […]
Work environment wasn’t racially hostile
Where a manager allegedly asked why Black girls wore wigs, said that one employee’s wig looked matted and dirty, and used the word “colored,” those alleged statements did not rise to the level of severity necessary to alter the terms and conditions of plaintiff’s employment. The employer was granted summary judgment on the hostile work […]
Correctional facilities expert may testify in death suit
Where correctional officers were sued for their alleged role in the death of a detainee, an expert on correctional facilities may testify about the standard of care and his opinion that the officers breached the duties they owed to the detainee. Background Emmanuel Bynum and Joel Guy are correctional officers at the correctional facility where […]
Plaintiffs can’t testify as experts in own suit
Where two men filed suit over their interaction with security at Busch Gardens amusement park and planned to testify as experts on security personnel conduct in their own case, they were precluded from doing so because their disclosures were deficient and they lacked experience and training. Background Plaintiffs filed a five-count complaint against defendants arising […]
Muslim teacher alleges hostile work environment
Where a Muslim teacher alleged she was subject to mandatory Christian prayers and other proselytizing, despite requests that such efforts cease; was repeatedly called a “radical Islamic terrorist” and her repeated complaints were ignored, she plausibly alleged a claim for a religious hostile work environment.
Lawyer’s failure to meet dooms part of fee claim
Where the plaintiff’s attorney failed to meet and confer regarding Walmart’s failure to respond to certain interrogatories before filing his motion to compel, he violated Fed. R. Civ. P.37 (a) and E.D. Va. Local Civil Rule 37(E). Although the requested discovery was provided after the motion to compel was filed, suggesting it was meritorious, attorneys’ […]
No signature, no binding settlement
Although a man injured while shopping at Walmart agreed to settle his negligence claim for $20,000, because Walmart required execution of a settlement agreement as a material term, and no agreement was ever executed, there was no binding settlement. Background Michael Hairston filed an amended complaint March 8, 2019, asserting he had been injured while […]
Store sanctioned for not preserving footage of slip/fall
Where a Kroger’s security camera recorded portions of a customer’s slip and fall but failed to preserve the footage, multiple sanctions were imposed, including that the store’s summary judgment motion was denied, the jury would be instructed regarding the lost video and the store was precluded from eliciting testimony about the video’s contents. Background Diane […]
Attorneys must pay fees incurred for motion to compel
Where a defendant was forced to file a motion to compel a credit report from a reporting agency after the plaintiff’s attorneys refused to consent to its production, the defendant was entitled to recover reasonable attorneys’ fees and costs. Because the conduct was not attributable to the plaintiff but rather to her attorneys, they are […]
Claiming advice of counsel waives privilege
Where defendants raised advice of counsel as an affirmative defense to a suit alleging they improperly classified their employees, and where they made selective production of documents and produced their attorney for a deposition, they waived attorney-client privilege as to relevant communications. They were ordered to produce all withheld communications, but were not otherwise sanctioned. [&helli[...]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
