Where the record was ambiguous on whether there was complete diversity among the parties, and there was insufficient evidence demonstrating fraudulent joinder, the suit against various entities of The Church of Jesus Christ of Latter-day Saints returned to state court. ...

Tagged with: Judge Henry Coke Morgan Jr. Negligence U.S. District Court - Eastern District

Where a tractor-trailer driver drank whiskey before he reported for work and was on his delivery route when he struck the plaintiff’s vehicle, he was found to have been acting within the scope of his employment as a matter of ...

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

On Sept. 13, 2007, the plaintiff had picked up her 18-year-old son from school and was driving home when she stopped for a red traffic signal on Miles Avenue at Winston Churchill Drive in Hopewell. As the defendant, driving a ...

Tagged with: Hopewell Circuit Court Judge Diane M. Strickland Negligence Settlement

Where the record demonstrated the defendant did not own or operate a waterslide at the time of a woman’s alleged injury, and she offered no evidence or testimony establishing notice of an unsafe condition, the defendant was granted summary judgment. ...

Tagged with: Judge Rebecca Beach Smith Negligence U.S. District Court - Eastern District

Plaintiff’s husband, who was operating a vehicle in which plaintiff was a passenger, was traveling west on U.S. Route 58 in Mecklenburg County when he entered a cut-through in the median. He was intending to cross eastbound Route 58 and ...

Tagged with: Judge S. Anderson Nelson Mecklenburg County Circuit Court Million-Dollar Defense Verdicts Negligence

Where the plaintiffs initially filed suit in Illinois despite the fact that there was no personal jurisdiction over the defendants there, their subsequent Virginia suit, filed after the expiration of the two-year statute of limitations for personal injury cases, was ...

Tagged with: Judge M. Hannah Lauck Negligence U.S. District Court - Eastern District

Where a Subaru driver alleged an airbag was defectively designed and that the allegedly dangerous condition or failure to warn was the proximate cause of her injuries, her claims were sufficient to survive a motion to dismiss because she was ...

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

Where a postal worker was injured while completing his delivery and pickup duties, his negligence claim against the United States was barred by the Virginia Workers’ Compensation Act. Although he argued the Virginia Supreme Court had held the state’s workers’ compensation ...

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

Although the complaint plausibly stated a claim for negligent staffing, the court dismissed another cause of action – for failing to implement or enforce rules, policies or procedures – because it is not recognized under Virginia law. Background In January ...

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

Where Virginia’s Department of Energy’s Division of Mined Land Reclamation was aware of Red River Coal Company’s conduct and Red River complied with the terms of its permit, it is entitled to invoke the agency’s tacit agreement as a shield ...

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