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SCV: Affirmative defense triggers indemnity clause
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 fell while performing security duties a Dominion power plant in Connecticut, pursuant[...]
Man, struck in crosswalk, was thrown into the air – $796, 839 Settlement
On Aug. 3, 2015, plaintiff was crossing a street outside of a crosswalk in Tysons Corner when he was struck by a SUV traveling approximately 25 mph. The impact caused plaintiff to be thrown into the air. Plaintiff was immediately taken to the emergency room where he underwent immediate surgery (ORIF of scapula and humerus) […]
Man, struck in crosswalk, was thrown into the air – $796,839 Settlement
On Aug. 3, 2015, plaintiff was crossing a street outside of a crosswalk in Tysons Corner when he was struck by a SUV traveling approximately 25 mph. The impact caused plaintiff to be thrown into the air. Plaintiff was immediately taken to the emergency room where he underwent immediate surgery (ORIF of scapula and humerus) […]
Civil Practice – Motion to Dismiss – Defamation – Tortious Interference
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 containing false information was sent to the agency, the plaintiff stated claims for defamation and […]
Hookah bar sued for manager’s failure to stop sexual assault – $225,000 Settlement
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. The bouncer convinced the visibly impaired plaintiff to accompany him to his truck and they […]
Chiro cannot sue carrier on patient’s assignment
A health care provider cannot use a patient’s assignment of benefits to directly sue a tortfeasor’s liability carrier, the Supreme Court of Virginia has ruled. The court said the liability insurer had no obligation to honor the injured claimant’s assignment to his chiropractor. The Sept. 14 decision answers a question raised in several recent cases […]
Company Did Not ‘Publish’ Lawyer Criticism
A Richmond U.S. District Court dismisses a defamation counterclaim filed by a lawyer who alleges he was defamed by statements defendant movie company made about the lawyer’s role in an effort to acquire the rights to make “Birth of the Dragon,” the Bruce Lee story, from a company discovered not to actually own the rights; […]
Film Editing Did Not Defame Gun Rights Group
A video production company’s editing of a broadcaster’s interview with members of a gun rights advocacy group to present an eight-second silence before the interview subject responded to a question about keeping terrorists from getting guns without background checks was not defamatory, and the Richmond U.S. District Court dismisses the advocacy group’s lawsuit claiming defamation. […]
Court Dismisses ‘Aiding’ Fiduciary Breach Claim
In this lawsuit alleging a “scheme” carried out by two defendants in relation to the sale of two real estate projects, the Preserve at Woods Lake in Greenville, S.C., and Raefield Village in Charlotte, N.C., a Norfolk Circuit Court overrules defendant’s demurrers to plaintiffs’ claims for aiding and abetting a breach of fiduciary duty, statutory […]
Boy, struck by van, gets structured settlement – $675,000 Settlement
A 5-year-old boy was injured when he ran into the middle of the road at dusk on Main Street in Courtland and was struck by a van. The child suffered a traumatic brain injury and numerous orthopedic injuries. The child made a remarkable recovery and has no current cognitive or orthopedic defects. The insurance carrier […]
Car ran red light, man hurt back, finger in wreck – $290,000 Settlement
Vernon Shorts was injured while pulling from a green light at the intersection of Jefferson Avenue and Denbigh Boulevard in Newport News. As Shorts moved forward, the defendant ran a red light to his left, struck another vehicle and then hit Shorts’ truck. The impact wrenched the steering wheel and threw Shorts about the vehicle. […]
Judge keeps most defendants in jail death case
A Norfolk federal judge has determined to hold most defendants in the civil rights lawsuit filed over the death of Jamycheal Mitchell, a mentally troubled inmate who died at the Hampton Roads Regional Jail in 2015. Charged with petty theft, Mitchell had been identified as in need of mental health services, but bureaucratic delays kept […]
Verdicts & Settlements
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
