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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 […]
‘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 […]
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 […]
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 […]
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, […]
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 […]
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[...]
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 […]
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 […]
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 […]
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 […]
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 […]
Verdicts & Settlements
- Driver fell asleep, causing significant auto accident — $1M settlement
- Defense verdict returned for company in rear-end crash — Defense verdict
- Cauda equina syndrome developed after procedure — $625,000 settlement
- Passenger died months after sustaining multiple injuries — $725,000 settlement
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
