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 ...

Tagged with: Judge Tommy E. Miller Negligence U.S. District Court - Eastern District

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” ...

Tagged with: Judge Tommy E. Miller Premises Liability U.S. District Court - Eastern District

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 ...

Tagged with: Insurance Judge Tommy E. Miller U.S. District Court - Eastern District

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 ...

Tagged with: Judge Tommy E. Miller Negligence U.S. District Court - Eastern District

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 ...

Tagged with: Employment Discrimination Judge Rebecca Beach Smith Judge Tommy E. Miller U.S. District Court - Eastern District

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. ...

Tagged with: Judge Tommy E. Miller Products Liability U.S. District Court - Eastern District

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 ...

Tagged with: Civil Procedure Judge Tommy E. Miller U.S. District Court - Eastern District

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, ...

Tagged with: Civil Procedure Judge Rebecca Beach Smith Judge Tommy E. Miller U.S. District Court - Eastern District

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 ...

Tagged with: Consumer Protection Judge Rebecca Beach Smith Judge Tommy E. Miller U.S. District Court - Eastern District

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 ...

Tagged with: Civil Procedure Judge Tommy E. Miller U.S. District Court - Eastern District