Type of action: Negligence Injuries alleged: neck, back, left elbow Date resolved: 3/3/2021 Special damages: $111,087.30 in compensatory damages Verdict or settlement: settlement Amount: $250,000 Attorney for plaintiff (and city): Daniel M. Szieber, Bethesda, Maryland Insurance carrier: National Indemnity Company ...

Tagged with: Auto Accident Negligence Settlement

Where a shopper suing Walmart for injuries suffered when a box fell on her initially sought $75,000 in damages in state court and then moved to increase her ad damnum amount, Walmart properly removed the case on the basis of ...

Tagged with: Judge Henry E. Hudson Negligence U.S. District Court - Eastern District

Where a Virginia resident whose vehicle struck a motorcycle and killed a 19-year old in the United Kingdom refused to be subject to the service of subpoenas or to the taking of depositions in the United Kingdom, and refused to ...

Tagged with: Judge T.S. Ellis III Negligence U.S. District Court - Eastern District

Although a correctional employee was suspended after his drug sample tested positive for cocaine, his suit against the testing company after the result was found to be a false positive was dismissed. He was not in privity with the company, ...

Tagged with: Judge James P. Jones Negligence U.S. District Court - Western District

Where an employee injured after falling off the back of a tractor trailer sued the operator of the vehicle, his claim was dismissed because the tractor trailer operator was essential to the business of the plaintiff’s employer, moving materials from ...

Tagged with: Judge Thomas T. Cullen Negligence U.S. District Court - Western District

Where a lawyer’s former client asserted he committed legal malpractice in handling her divorce, because the duties of care arose out of his professional obligations to his client, her claim for gross negligence was dismissed as duplicative of the legal ...

Tagged with: Judge Elizabeth K. Dillon Negligence U.S. District Court - Western District

Although a customer who shot and killed an employee of an optometrist located at a Walmart store in Yorktown purchased the weapon at Walmart, the private nuisance and negligence claims against Walmart were dismissed. The employee maintained no property right ...

Tagged with: Judge Raymond A. Jackson Negligence U.S. District Court - Eastern District

Where homeowners alleged a railroad was liable for flooding damage to their properties because it failed to maintain a culvert, their expert testimony was excluded and they offered no other competent evidence, the homeowners failed to show causation sufficient to ...

Tagged with: 4th U.S. Circuit Court of Appeals Negligence

Where a pipefitter diagnosed with mesothelioma testified he had no knowledge whether asbestos was used during the construction of a plant and the plant’s owners submitted copious evidence showing there was no asbestos at the plant, the owners prevailed on ...

Tagged with: 4th U.S. Circuit Court of Appeals Negligence

A CVS customer who was allegedly injured when her cart overturned in the parking lot could not rely on the Americans with Disabilities Act requirements for parking lots as evidence of the store’s negligence per se as the customer was ...

Tagged with: Judge Robert S. Ballou Negligence U.S. District Court - Western District