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Tag Archives: Personal Injury

4th Cir.: Statistical significance analysis must be reliable (access required)

Experts’ calculation and application of statistical significance (p-values) must be relevant, reliable, and not likely to confuse jurors. After plaintiffs’ expert opinions were excluded, their non-expert evidence was not sufficient to survive summary judgment, and the district court appropriately granted ...

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4th Cir.: Shooting suicidal man was excessive force (access required)

An officer violated the Fourth Amendment in shooting a suicidal man who had a knife but was threatening only himself. The officer was entitled to qualified immunity, but the unconstitutionality of his actions is clearly established as of the date ...

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4th Cir.: High defamation standard applies to school board employee (access required)

Based on her responsibilities as set forth in the Virginia Code, a school board’s Director of Budget & Finance was a “public official” who had to show actual malice to prove that a TV news station defamed her. She failed ...

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Jury returns verdict for hurt woman in less than an hour – $1,249,979 Verdict (access required)

This was a T-bone motor vehicle collision in which the plaintiff was the front-seat passenger and suffered various injuries, including anosmia, a mild-traumatic brain injury and a neuroma to her hip. Only the hip injury and some soft tissue strains ...

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Driver recovers in case of who-had-green-light – $125,000 Verdict (access required)

On Aug. 19, 2014, the plaintiff was traveling southbound on South Boston Road in Fluvanna County, proceeding through the intersection with Slice Road. The defendant was traveling northbound on South Boston Road, made a left turn onto Slice Road, and ...

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4th Cir.: Employer not liable for supervisor’s crude comments (access required)

A plaintiff claiming that her supervisor defamed her with crude comments at work could not hold their employer vicariously liable for the statements. The comments were outside the scope of employment, and the district court lacked any indication that this ...

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EDVA: Officers face trial over eviction confusion (access required)

After taking a homebuyer’s account of foreclosure purchase at face value, a sheriff and his subordinates may go to trial for events that transpired when they accompanied her to the home to remove the previous owners. Background Plaintiffs James and ...

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4th Cir.: Judgment debtor didn’t delay payment owed to Medicare (access required)

A plaintiff who was owed a medical-malpractice judgment that would partially be reimbursed to Medicare had standing to sue the judgment debtor for delayed payment. However, the 37 days between the judgment and payment did not constitute “delay.” Background In ...

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Va. Cir.: Full defendant name may relate back to “Kathy” (access required)

An amended complaint can relate back to the filing date of a name fragment if the plaintiff knew the defendant’s identity but not her name, and if all the statutory requirements of Code § 8.01-6 are met. Background Plaintiff Pam Frazier ...

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Lawyer claimed mild TBI in T-bone wreck – $450,950 Verdict (access required)

This case arose from a T-bone car accident on June 10, 2015. Plaintiff was proceeding through an intersection with a green arrow, when the defendant ran his red light and struck plaintiff on his driver’s side. Defendant claimed contributory negligence. ...

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