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Judge Tommy E. Miller

Jul 27, 2015

Store Cone Was Wet-Floor Warning

A woman who alleges injury from slipping in water near a dairy freezer while she shopped for frozen pizza at a Virginia Beach Kroger store cannot show the store was negligent; plaintiff testified she saw the yellow warning cone near the allegedly dripping freezers and proceeded with caution before falling within two feet of the […]

Mar 30, 2015

‘Howl-O-Scream’ Park Injury Prompts Suit

A woman who alleges injury from stepping off an “unprotected and invisible drop” at Busch Gardens’ Howl-O-Scream event cannot have her premises liability suit remanded to state court; although defendant park says plaintiff has fraudulently joined a defendant “John Doe” park employee, the Newport News U.S. District Court says the John Doe defendant’s citizenship need […]

Mar 27, 2015

Off-Road Vehicle Was ‘Motor Vehicle’

A plaintiff injured in an accident in an Arizona park, when she was a passenger in a 2007 Yamaha Rhino owned and driven by her brother, has UM/UIM coverage under her own auto liability policy; although the Rhino owner’s manual describes it as an off-road vehicle, it was licensed in Arizona for use on public […]

Mar 27, 2015

Customer Can’t Prove Notice for Slip & Fall

A customer’s assertion that she slipped in a liquid on the floor in the supermarket aisle where she had gone to retrieve hushpuppy mix is insufficient to create a factual issue as to whether defendant supermarket had actual or constructive notice of such a hazard; the Norfolk U.S. District Court grants summary judgment for the […]

Nov 19, 2014

No Supervisor Liability in Pregnancy Bias Case

An administrative assistant for an eye surgery center cannot sue two supervisors in their individual and official capacities for alleged pregnancy discrimination that prompted her termination; the Norfolk U.S. District Court accepts the magistrate judge’s recommendation to dismiss the supervisors as defendants. Plaintiff was hired by Virginia Center for Eye Surgery on Sept. 9, 2011, […]

Nov 19, 2014

Valve Only Used for ‘Ordinary Purpose’

In Norfolk Coating’s suit against Sherwin-Williams for breach of contract, breach of implied warranty and fraud related to Sherwin-Williams’ allegedly faulty refurbishment of a sprayer that resulted in peeling paint on ballast tanks painted by Norfolk Coating, the Norfolk U.S. District Court dismisses Norfolk Coating’s claim of breach of an implied warranty of fitness for […]

Sep 11, 2014

Suits Consolidated In Paint Sprayer Dispute

A Norfolk U.S. District Court Magistrate Judge will consolidate these two actions: Sherwin-Williams’ suit against Norfolk Coating Services LLC and its owner Michael Winterling for unpaid invoices, and Norfolk Coating’s suit against Sherwin-Williams for breach of contract, breach of implied warranty and fraud related to Sherwin-Williams’ allegedly faulty refurbishment of a sprayer that result[...]

Aug 27, 2014

Suit Dismissed After Company Ignores Orders

A Norfolk U.S. District Court accepts the magistrate judge’s recommendation to dismiss this suit with prejudice under Fed. R. Civ. P. 41(b), for failure to prosecute and failure to comply with court orders to retain new counsel. On May 2, 2014, counsel moved to withdraw, indicating that, following the court’s denial of plaintiff’s motion for […]

Apr 17, 2014

Odometer Plaintiff Wins Fees, Treble Damages

A buyer who was told the 2003 Dodge Ram pickup he bought from defendant had 29,586 miles when in fact it had an odometer reading of 105,000 miles wins statutory damages of $11,625 under 49 U.S.C. § 32710(a) and $11,343 in attorney’s fees, as the Norfolk U.S. District Court accepts the magistrate judge’s recommendation to […]

Oct 15, 2013

Patent Plaintiff Sanctioned for Late Production

Plaintiffs in a years-long patent dispute who produced over 7,000 additional documents three months before trial face strict limitations on what they can use at trial, and a magistrate judge recommends that the Norfolk U.S. District Court tell the jury – before and after testimony of each of the plaintiff company’s inventors, investors, officers, directors […]

Oct 14, 2013

Company’s late disclosure prompted judge’s ire

Imagine that after five years of litigating a complicated patent case, you’re headed into a jury trial in federal court. Now imagine you represent the plaintiff and you call your first witness. The judge speaks: “Ladies and gentleman of the jury, the plaintiff in this case engaged in discovery abuses which hinder the ability of […]

Aug 26, 2013

Developer Loses Wetlands Challenge

On remand of a Chesapeake developer’s challenge to the Army Corps of Engineers’ exercise of jurisdiction over certain wetlands in the developer’s plan for a 658-acre mixed use project in southeast Virginia, the Norfolk U.S. District Court accepts the magistrate judge’s report finding the Corps established a “significant nexus” between the wetlands and the Northwest […]

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