Plaintiff’s allegations that a concrete production plant allowed spray paint to blow onto its property, causing damage to its buildings and cars, and that the plant allowed “slurry runoff” onto the property, were sufficient to state a plausible claim for ...

Tagged with: Judge Henry E. Hudson Tort U.S. District Court - Eastern District

Facts alleged by the former executive director of the Peninsula Airport Commission suggest that colleagues made false and defamatory statements about his conduct that were not opinions and were made with actual malice. The court denied the defendant’s motion to ...

Tagged with: Judge Henry Coke Morgan Jr. Tort U.S. District Court - Eastern District

Where two parties modified their own real estate contract, allegedly to the detriment of a non-party, the lower court erred by ruling in favor of the non-party on its tortious interference claim because parties cannot tortiously interfere with their own ...

Tagged with: Justice Elizabeth A. McClanahan Supreme Court of Virginia Tort

The plaintiff was involved in a motor vehicle wreck on Oct. 6, 2015 on Route 220 in Franklin County when the defendant pulled out from a side road. When the front of the plaintiff’s vehicle crumpled, it dislocated his right ...

Tagged with: Franklin County Circuit Court Judge Clyde H Perdue Jr. Tort Verdict

The plaintiff was a 16-year-old high school student who suffered a suspected right patellar dislocation playing softball on April 14, 2014. There was evidence that the plaintiff was back to exercising and playing basketball during the summer of 2014. On ...

Tagged with: Auto Accident Judge David B. Carson Salem Circuit Court Tort Verdict

A woman who received a bill from a hospital, even though she was not a patient, can sue the hospital for defamation after it referred the erroneous bill to a debt collector. Background In August 2015, Children’s Hospital of the ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Tort Virginia Circuit Courts

Where an Augusta County deputy sheriff shot a woman’s dog, asserting a claim of self-defense, the deputy’s acts were reasonable and is entitled to qualified immunity. Background Defendant Michael Roane is an Augusta County deputy sheriff. Roane shot and killed ...

Tagged with: Judge Elizabeth K. Dillon Tort U.S. District Court - Western District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Judge Ivan D. Davis Tort U.S. District Court - Eastern District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Judge Ivan D. Davis Tort U.S. District Court - Eastern District

Based on plausibly-alleged alternative theories of when her personal property sustained water damage, a plaintiff’s state-law claims against the company that both stored and shipped her property were not pre-empted by federal law governing interstate carriers. Background As alleged in ...

Tagged with: Contract Judge Mark Davis Property Tort U.S. District Court - Eastern District