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Aug 30, 2023

Suit over alleged COVID-related death dismissed

Where the administrator of the estate of a woman who allegedly contracted COVID-19 at work sued the employer for negligence, the suit was dismissed. The Virginia Workers’ Compensation Act provides the exclusive remedy for employee injury, including death, arising out of workplace conditions. Background Plaintiff Christina Brown’s sister, Poushawn Brown, was an Amazon warehouse employee [&helli[...]

Aug 7, 2023

Airline injury suit transferred from New York to EDVA

Where a woman alleged she was injured on a flight from Dubai to Dulles, her suit was transferred from New York to the Eastern District of Virginia. Background This case arises from an injury that plaintiff sustained while on a flight operated by defendant’s airline between Dubai and Dulles International Airport. Plaintiff commenced her lawsuit […]

Aug 7, 2023

Failure to exhaust admin remedies dooms tort claim

Where a woman failed to exhaust her administrative remedies before filing suit for injuries alleged suffered in an auto accident involving a government employee, her suit was dismissed. Background This case arises out of injuries Cristina Campos suffered when an employee of the Department of Homeland Security and the United States Secret Service rear-ended plaintiff’s […]

Jul 27, 2023

Janitorial company sued for slip and fall

Where a woman sued a janitorial company that was allegedly responsible for mopping a locker room floor, alleging it failed to post proper signage that resulted in her slipping and falling, the company’s motion to dismiss was denied. Even though the company contracted with the woman’s employer to provide janitorial services, the existence of that […]

Jail cell with door opening
Jul 3, 2023

Court rejects commonwealth’s ‘misunderstanding’ of VTCA

The Court of Appeals of Virginia has affirmed a trial court’s denial of the commonwealth’s plea for sovereign immunity from liability under the Virginia Tort Claims Act, or VTCA, for the negligent conduct of its employees. The commonwealth claimed that the VTCA didn’t waive immunity where the allegedly tortious conduct arises from the performance of […]

Prisoner being escorted into cell
Jun 26, 2023

Court finds duty to protect inmates from foreseeable danger

The Western District of Virginia has recognized that jail officials have a duty to protect incarcerated persons from reasonably foreseeable danger, including attacks by other jail officials. Alleging that Virginia state prison officers beat her brother to death, the plaintiff claimed the defendant was grossly, willfully and wantonly negligent for not preventing the attack. The […]

Car windshield shattered from accident
Jun 12, 2023

$7M verdict tossed for lack of evidence of proximate cause

A $7 million jury verdict was reversed after the Court of Appeals of Virginia found that the passenger in an auto accident didn’t introduce any evidence of proximate causation and therefore failed to establish her prima facie case of negligence. The jury found the oncoming driver liable for not avoiding the collision. But the plaintiff’s […]

Evidentiary exhibits
Jun 12, 2023

Plaintiff prevails after evidentiary battles

A jury in the Western District of Virginia has awarded $3.5 million to a woman injured in a tractor-trailer accident after the parties narrowed the evidentiary road with several motions being heard in the days leading up to trial. The defense admitted liability but contended that the plaintiff’s injuries either weren’t as bad as she […]

Jun 11, 2023

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 […]

Jun 5, 2023

Official can’t dismiss claims arising out of detainee’s death

Where a lawsuit alleged that a correctional officer was present during assaults by his fellow officers on a detainee, the officer’s motion to dismiss the gross and willful and wanton negligence claims was denied. The complaint plausibly alleged the officer had a duty to protect the detainee and that the harm was foreseeable. Background The […]

May 11, 2023

Expert testimony limited in motor vehicle suit

Where an expert neurosurgeon did not review any of the plaintiff’s pre-accident medical records, she could not opine about the woman’s “significant prior medical history” or whether any pre-accident hypertension caused her headaches. Background This case arises from a serious motor vehicle accident between Yvette Norman and Julian J. Kaczor, who was operating a semitruck […]

May 8, 2023

No standing: Court dismisses fiancé’s wrongful death claims

The Western District of Virginia has dismissed wrongful death claims filed by the fiancé of a woman killed in a Rockbridge County motor vehicle accident because he wasn’t the personal representative of her estate in Virginia and therefore lacked standing. While the man escaped dismissal in Pennsylvania by transferring his diversity suit to Virginia, he […]

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