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Tag Archives: Personal Injury

SCV: Product redesign proposals must be safer overall (access required)

Although the estate of a plant worker crushed by a lift truck offered a truck redesign that could have prevented that particular worker’s death, there was no evidence that the redesign would lead to fewer total deaths. Thus, the jury’s ...

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WDVA: Misuse defense not pre-empted by OSHA (access required)

In a workplace-injury suit, an equipment manufacturer had a duty to account for foreseeable misuses of its product, regardless of whether the specific workplace met federal safety standards. Background Plaintiff Corey Stowers was a maintenance worker at a Georgia Pacific ...

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Va. Cir.: Complaint amended with party’s real name didn’t relate back (access required)

Filed days before the end of the limitations period and never served, the initial complaint didn’t put the defendant on notice of the suit, a Virginia circuit court held. The filing period also wasn’t extended by the defendant’s use of ...

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Two-year-old run over by trucker who didn’t see her – $3 Million Settlement (access required)

On Sept. 9, 2012, the plaintiff was 2 ½ years old. She lived with her mom, her older brother, and a friend in an apartment complex in Petersburg. At approximately 2:35 pm, the friend left the apartment and was walking ...

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Company held responsible for rep’s accident – $700,000 Verdict (access required)

This was a personal injury action arising from a motor vehicle collision that occurred in April 2015 in Loudoun County. At the time of the collision, a marketing representative from Polyface Inc. was on a two-day business trip from Central ...

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WDVA: Plaintiff couldn’t prove notice of hazard (access required)

Defendant Wal-Mart Stores seeks summary judgment in this slip-and-fall case. Virginia law applies. The only evidence in the record is the deposition testimony of Plaintiff Mary Diggs and her companion at Wal-Mart on the day in question. The facts drawn ...

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Va. Cir.: Interlocutory appeal on immunity issues certified (access required)

Concluding that its first-impression immunity rulings would likely lead to an appeal of any trial result, the court stayed proceedings in a negligence action pending interlocutory appeals requested by both parties. Background In January 2014, the City of Norfolk contracted ...

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4th Cir.: Agency head has qualified, not absolute, immunity (access required)

The former head of a Virginia agency, sued in her personal capacity for failure to manage patient intake at state mental health hospitals, was entitled to qualified immunity because prisons are not per se unable to safely care for mentally ...

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Plaintiff suffered TBI, settles for $1.5 million – $1.5 Million Settlement (access required)

This was a negligent action that settled during mediation. Plaintiff sustained a mild traumatic brain injury. The remaining facts are confidential. [18-T-011] Type of action: Personal Injury Tried before: Mediation Date resolved: May 8, 2017 Verdict or settlement: Settlement Amount: ...

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