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Tag Archives: Negligence

The cost of smoking (access required)

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A Norfolk Circuit Court jury returned a $5 million asbestos verdict for the family of a deceased railroad employee, but cut the verdict to $1 million based on the employee’s smoking habit. The reduction was possible under rules for railroad ...

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Employee’s remark shows likely actual notice of spill (access required)

Where the plaintiff and her boyfriend both testified an employee of the defendant stated a spill should have been cleaned up, a reasonable juror could conclude that statement demonstrated the defendant’s actual notice of the spill. Background On or about ...

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Economic loss doctrine no bar to caregiver’s injury claim (access required)

The economic loss doctrine does nor bar a contractual caregiver’s personal injury claim arising from a patient’s attack where the complaint alleges the patient’s wife, who hired the caregiver, did not warn her of her husband’s behavioral issues. Background Rosa ...

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Festival immune from personal injury claim (access required)

Because a Virginia statute immunizes a landowner if property is occupied for “recreational use” and the plaintiff benefitted from the charitable purpose of promoting the City of Suffolk, the court found the Suffolk Peanut Festival immune from plaintiff’s injury claim. ...

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Legal malpractice claim revived (access required)

A bankruptcy attorney could face a legal malpractice suit over alleged breach of duty in a Chapter 7 case. Background Appellant Marc R. Labgold challenges the circuit court’s judgment dismissing his legal malpractice complaint against appellees Linda D. Regenhardt and ...

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Duty to protect extended to employees’ families (access required)

A woman who washed her father’s asbestos-laden clothes after he returned home after working in a shipyard may sue the shipyard for asbestos exposure. Background Plaintiff alleges that from approximately 1942 to 1977, Wanda Quisenberry’s father, Bennie Plessinger, was employed ...

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