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Tag Archives: Tort

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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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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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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Eastern District of Va.: No immunity for sexual-assault accuser (access required)

In a defamation suit, Defendant Jane Roe was not entitled to immunity for her statements in university proceedings accusing Plaintiff John Doe of sexual assault, though the court advised that the issue could be revisited at a later stage. The ...

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SCV: Affirmative defense triggers indemnity clause (access required)

By asserting that a contractor’s employee’s own fault contributed to her slip-and-fall, Appellant Dominion Nuclear Connecticut triggered its indemnity agreement with the contractor, Appellee Securitas Security Services USA, the high court held. Jennifer Brandenburg, a Securitas employee, allegedly slipped and ...

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Civil Practice – Motion to Dismiss – Defamation – Tortious Interference (access required)

McCray v. Infused Solutions LLC  (VLW No. 017-3-470, 13 pp.) (Doumar, J.) 4:14-civ-158; E.D. Va. Holding: Where plaintiff employee, a clerk placed at an Army recruiting center by the defendant subcontracting staffing agency, was terminated after a 90-day reprimand notice ...

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Hookah bar sued for manager’s failure to stop sexual assault – $225,000 Settlement (access required)

Plaintiff, a young woman, patronized a Virginia Beach bar for several hours and be­came intoxicated. She was possibly drugged. The Plaintiff walked out of the bar and passed a nearby hoo­kah lounge. A bouncer working at the lounge approached her. ...

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