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Tort

Feb 16, 2018

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[...]

Feb 12, 2018

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) […]

Feb 6, 2018

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) […]

Oct 23, 2017

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 […]

Sep 29, 2017

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 […]

Sep 20, 2017

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 […]

Jun 19, 2017

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; […]

Jun 19, 2017

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. […]

May 24, 2017

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 […]

May 15, 2017

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 […]

Apr 24, 2017

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. […]

Apr 14, 2017

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 […]

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