Sovereign immunity bars a suit against a county garbage truck driver who hit and injured a pedestrian while he was driving his route. Background Defendant was driving his garbage collection route when he struck and injured plaintiff while making a ...

Tagged with: Fairfax County Circuit Court Judge Grace Burke Carroll Negligence Virginia Circuit Courts

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 ...

Tagged with: Negligence Norfolk Circuit Court

Where a police officer received a report at 2 a.m. that students were “fleeing” from a high school where they had been attending an all-night graduation party, sovereign immunity bars a negligence claim by a motorist who was injured when ...

Tagged with: Fairfax County Circuit Court Judge Randy I. Bellows Negligence Virginia Circuit Courts

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 ...

Tagged with: Judge Jackson L. Kiser Negligence U.S. District Court - Western District

Where the evidence supported an inference that defendant railroad’s negligence played a part in producing plaintiff employee’s injuries, the court correctly sent the causation issue to the jury in this Federal Employers’ Liability Act case. A $336,293 verdict for the ...

Tagged with: Justice Charles S. Russell Negligence Supreme Court of Virginia

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 ...

Tagged with: Judge David W. Lannetti Negligence Norfolk Circuit Court Virginia Circuit Courts

Doe was a resident at Woe Assisted Living, due to dementia. In the late evening hours of Dec. 18, 2016, Doe exited the front doors of the facility. The front door of the facility was insecure when it should have ...

Tagged with: Negligence Settlement

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. ...

Tagged with: Judge Lawson Wayne Farmer Negligence Suffolk Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Negligence Supreme Court of Virginia

The administratrix of an inmate’s estate waited too long to sue jail authorities and failed to plead facts sufficient to support a gross negligence claim Background This action stems from the death of Thomas Cubbage on May 29, 2016, while ...

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