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Tag Archives: Personal Injury

4th Cir.: Warnings expert properly excluded (access required)

A plaintiff’s proffered warnings expert could not be qualified on the basis of his own personal reasoning, and the plaintiff’s failure to read appropriate warnings defeated her design-defect allegations. Background Appellant Deborah Meek Hickerson sustained serious internal injuries in a ...

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EDVA: Abu Ghraib abuse suit proceeds against contractor (access required)

Nearly 10 years after the action was first initiated, and following numerous motions for reconsideration and interlocutory and direct appeals, plaintiffs asserting claims under the Alien Tort Statute can proceed to discovery against a contractor whose employees allegedly abused and ...

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SCV: Pediatric expert wrongly disqualified (access required)

The circuit court erred in granting summary judgment against a plaintiff whose only expert as to both standard of care and causation was wrongly excluded. The expert should have been permitted to testify because she met both the knowledge and ...

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SCV: Speculation on decedent’s reasoning inadmissible (access required)

The daughter and sister of a woman who died due to surgery complications lacked personal knowledge as to whether their mother knew of alternatives to surgery or whether she would have elected such alternatives had she known. Background In 2011, ...

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Va. Cir.: Qualified immunity doesn’t bar gross negligence (access required)

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

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Allstate hit by jury after refusing settlement conference – $40,000 Verdict (access required)

The case involved a rear-end motor vehicle accident in Virginia Beach. The plaintiff had $21,257 in medical bills, however the majority of that amount was from the emergency room on the date of the accident, and much of that was ...

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Man’s injuries came out over time after wreck – $350,000 Settlement (access required)

This collision occurred on Nov. 17, 2015 on northbound Interstate 295 in Hanover County. Plaintiff was on his way to work driving a Chevrolet pick-up truck alone when he was struck by a tractor-trailer driven by the defendant. The impact ...

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Bolivian woman hurt in T-bone accident – $2.65 Million Settlement (access required)

Plaintiff, then 45, suffered severe injuries in T-bone crash caused by pickup truck. At 2 a.m. on June 26, 2016, plaintiff was the front-seat passenger in a small SUV heading southbound on Hunter Mill Road (a small neighborhood street) in ...

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SCV: Expert testimony didn’t show causation in med-mal suit (access required)

The plaintiff’s medical expert, who was preferred only to opine on the standard of care in performing a hysterectomy, could not present testimony on whether and how the patient’s outcome would have been different had the defendant called for a ...

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Man in multi-vehicle wreck on I-95 had hurt back – $700,000 Settlement (access required)

Plaintiff was traveling northbound on Interstate 95 when a tractor-trailer changed lanes, striking a third vehicle in its blind spot. That caused that vehicle to strike the plaintiff’s pickup truck, which struck the jersey wall and crossed three lanes of ...

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