Where a driver and his employer who were sued for allegedly causing a motor vehicle accident that injured the plaintiff both filed answers that explicitly reserved their right to raise contributory negligence as a defense, the plaintiff was on notice ...

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

Where two treating physicians both intended to testify about the future medical needs of a woman allegedly injured at an amusement park, one was excluded as cumulative. Because the excluded physician was no longer treating the woman and her current ...

Tagged with: Judge Roderick C. Young Negligence U.S. District Court - Eastern District

Where a gas station placed a sign warning customers about a wet floor, the water was open and obvious and it wasn’t clear if the wet floor or outside rain were the reason for a slip-and-fall, the gas station prevailed ...

Tagged with: Judge Claude M. Hilton Negligence U.S. District Court - Eastern District

A federal judge granted in part and denied in part a motion to dismiss counts of medical malpractice and negligent retention made after a nurse practitioner allegedly assaulted a high school student during a medical exam. The opinion from the ...

Tagged with: Judge Michael F. Urbanski Medical Malpractice Negligence U.S. District Court - Western District

Where a bank relied on a mortgage originator’s financial statements to support multimillion-dollar loans, those statements were false and the bank plausibly claimed the auditor’s approval of the financial statements constituted an extreme departure from the standard of care, the ...

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

Where two passengers allegedly injured during a boat accident sued the individual piloting the boat, and he then sued another company for breach of contract, the contract-based claims were bifurcated from the tort claims because the facts, evidence and witnesses ...

Tagged with: Judge Roderick C. Young Negligence U.S. District Court - Eastern District

Paramedics who failed to thoroughly read a man’s advance directive have immunity from the wrongful death suit filed by his sister, the Supreme Court of Virginia has ruled, upholding a decision from Smyth County. The trial court found the paramedics ...

Tagged with: Justice Cleo E. Powell Negligence Supreme Court of Virginia Wrongful Death

Where a driver allegedly injured when a tractor trailer hit her car claimed the vehicle’s driver drove at an excessive rate of speed and failed to maintain lane position, her willful and wanton negligence claim was dismissed because the allegations ...

Tagged with: Judge Mark R. Colombell Negligence U.S. District Court - Eastern District

Where a patient alleged a hospital violated the Americans with Disabilities Act, or ADA, by failing to provide adequate handicap shower facilities, his claim was dismissed because he sought damages, and the statutory subsection provides only injunctive relief. Background This ...

Tagged with: Judge Robert G. Doumar Negligence U.S. District Court - Eastern District

Where a driver alleged a road repaving company was responsible for his auto accident, and the parties disputed where the accident occurred and whether the driver switched lanes despite a posted “stay in lane” sign, the company’s motion for summary ...

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