On May 2, 2017 in the morning on a clear dry day, the plaintiff left his high school on his bike and was riding home. He was riding on the left side shoulder/sidewalk of a one-way road and needed to ...

Tagged with: Judge Thomas S. Shadrick Million-Dollar Settlements Negligence Personal Injury

A federal lawsuit claiming a disabled man was seriously injured when he fell on a steep ramp at a hardware store in Nottoway County was settled May 29 for $280,000. In addition to the money, the settlement also dictated that ...

Tagged with: ADA Negligence Settlement U.S. District Court - Eastern District

Plaintiff was awarded total disability from the Railroad Retirement Board in 1998 for degenerative spine disease weakness, pain of his right shoulder and gout. Plaintiff entered the defendants’ hardware store from a public entrance and slipped and fell on a ...

Tagged with: Judge David J. Novak Negligence Settlement U.S. District Court - Eastern District

An amended complaint can relate back to the filing date of a name fragment if the plaintiff knew the defendant’s identity but not her name, and if all the statutory requirements of Code § 8.01-6 are met. Background Plaintiff Pam Frazier ...

Tagged with: Civil Procedure Fairfax County Circuit Court Judge David A. Oblon Negligence Personal Injury Tort Virginia Circuit Courts

The estate of a nursing-home patient who fell and broke her hip, allegedly due to inadequate care, was entitled to broad discovery of the facility’s patient care records, personnel files, and financial information. Background This is a negligence case brought ...

Tagged with: Civil Procedure Evidence Judge Douglas L. Fleming Jr. Loudoun County Circuit Court Negligence Personal Injury Tort Virginia Circuit Courts

Tenants alleging black mold in their walls and mushrooms growing in their carpet weren’t confined to the rights in Code § 8.01-226.12 Background Tenants sued their landlord and a real estate management company, alleging that the apartment they rented exposed them ...

Tagged with: Justice Stephen R. McCullough Landlord/Tenant Negligence Personal Injury Supreme Court of Virginia Tort

In a negligence action following the plaintiff’s collision with an ambulance, the volunteer driver’s company was an instrumentality of the state and, thus, exempt from liability arising from its contract with Frederick County. Background Defendant Gore Volunteer Fire Company provides ...

Tagged with: Judge Michael F. Urbanski Negligence Personal Injury Tort U.S. District Court - Western District

After tripping and injuring herself on her way out of a commercial building, a plaintiff won a $60,000 verdict against the building’s owner. The jury found that the step was in an unsafe condition that the owner should have known ...

Tagged with: Evidence Judge Clarence N. Jenkins Jr. Negligence Personal Injury Richmond Circuit Court Tort Virginia Circuit Courts

The defendants were not entitled to reconsideration of the court’s decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court’s earlier conclusions. Background In ...

Tagged with: Civil Procedure Judge Robert E. Payne Negligence Personal Injury Products Liability U.S. District Court - Eastern District

After unsuccessfully requesting a foreseeability instruction to the jury, the plaintiff – attempting to avoid numerous objections during the defense’s closing argument – obtained permission to enter a continuing objection, but failed to object with sufficient specificity as to any ...

Tagged with: Civil Procedure Medical Malpractice Negligence Per Curiam Opinion Personal Injury Supreme Court of Virginia Tort