Justia Virginia Supreme Court Opinion Summaries

Articles Posted in Injury Law
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At a cookout Daniel Hylton was hosting, eight-year-old Tabitha Lasley was injured when she was thrown to the ground from an ATV she had been operating. Tabitha’s father, Gene Mosley, was present and supervising Tabitha during the incident. Tabitha and her mother, Juanita Lasley (collectively, Lasley), filed a complaint alleging that Hylton had been negligent and grossly negligent by allowing and assisting Tabitha to operate the ATV. The circuit court entered judgment in favor of Hylton, concluding that Hylton had no duty to Tabitha that could support a finding of negligence. The Supreme Court affirmed, holding (1) if a child’s parent is present and supervising and knows of risks associated with an activity, a host does not breach the duty of reasonable care when he allows the child to participate in an activity with the parent’s permission; and (2) Hylton satisfied his duty of reasonable care to Tabitha when he ensured that Tabitha was being supervised by Moseley and had his permission to ride the ATV. View "Lasley v. Hylton" on Justia Law

Posted in: Injury Law
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Joey Bennett and Derek Folston, police officers working for the City of Norfolk, were responding to a domestic disturbance call in separate vehicles when Folston’s vehicle struck Donnell Worlsey, who was riding a bicycle. Worsley died as a result of injuries. Carolyn McBride, as administrator of Worsley’s estate, filed simple negligence claim against Bennett and Folston (together, Defendants), individually and as employees of the City. The trial court held that Defendants were entitled to sovereign immunity because they had exercised discretion in determining whether and how to respond to the dispatch. The Supreme Court affirmed, holding that, in exercising their judgment and discretion about the best means of effectuating a governmental function by embracing the requisite special risks, including operating their vehicles in an emergency manner involving speeds in excess of the speed limit, Defendants triggered the application of sovereign immunity. View "McBride v. Bennett" on Justia Law

Posted in: Injury Law
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Charles Settle was fatally injured when a train struck the dump truck he was operating. At the time of the collision, Settle was traveling on Kapp Valley Way, and RGR, LLC had stacked lumber near the railroad tracks. Georgia Settle, as personal representative of her husband’s estate, sued RGR and other defendants, alleging that RGR created a hazardous condition by stacking lumber near the railroad tracks and breached its duty of reasonable care to Settle by blocking the view of those traveling on Kapp Valley Way. The jury rendered a verdict awarding $2.5 million to Mrs. Settle. RGR appealed. The Supreme Court affirmed in part and reversed in part, holding (1) the circuit court did not err in holding that RGR owed a duty of reasonable care to Settle or in instructing the jury on that duty; (2) the court did not err in finding that Settle was not contributorily negligent as a matter of law and that RGR’s negligence was a proximate cause of the collision; but (3) the circuit court erred in calculating the offset required under Va. Code 8.01-35.1. Remanded. View "RGR, LLC v. Settle" on Justia Law

Posted in: Injury Law
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Plaintiff filed a complaint in 2010 alleging wrongful death and medical malpractice against healthcare providers (Defendants). During pretrial discovery, Plaintiff filed two separate motions to compel, which the trial court denied. Prior to trial, Plaintiff took a voluntary nonsuit. In 2010, Plaintiff filed a new complaint against the same defendants alleging the same cause of action. The trial court entered an agreed order incorporating the discovery conducted and taken in the 2010 action into the 2012 action. After the jury returned a defense verdict, Plaintiff filed a motion for a new trial and to reconsider certain evidentiary rulings, challenging the trial court’s denial of her motions to compel in the nonsuited action. The trial court denied the motion for a new trial. The Supreme Court affirmed, holding that because the trial court’s agreed order did not expressly incorporate the motions, objections, or rulings made by the court in the 2010 nonsuit action into the 2012 action, these rulings could not be challenged in this appeal. View "Temple v. Mary Washington Hosp." on Justia Law

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Patricia Kohn, the wife of John Kohn and the administrator of her husband’s estate, filed a wrongful death complaint against several officers and instructors associated with the Norfolk Police Department and the Norfolk Police Academy, alleging that John died as a result of multiple blows to the head inflicted during his training to become a City of Norfolk police officer. Defendants filed a plea in bar asserting that Plaintiff’s action was barred by the Virginia Workers’ Compensation Act. The circuit court granted summary judgment to Defendants on the plea in bar and dismissed the case with prejudice. The Supreme court affirmed, holding that the circuit court did not err in holding that the exclusivity provision of the Act barred this action. View "Kohn v. Marquis" on Justia Law

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Decedent was fatally injured when a train struck the dump truck Decedent was operating. RGR, LLC operated a business offloading and reloading lumber adjacent to the railroad tracks. Decedent’s Estate filed a wrongful death action against RGR and others, alleging that Defendants created a hazardous condition by stacking lumber near the railroad tracks, which blocked the view of Decedent so that he could not see the approaching train in time to avoid the collision. The jury returned a verdict for the Estate in the amount of $2.5 million. The Supreme Court reversed the circuit court’s judgment and entered final judgment for RGR, holding that the evidence established that Decedent was contributorily negligent as a matter of law because he did not look to see if a train was approaching, and his failure to do so was a proximate cause of the accident. View "RGR, LLC v. Settle" on Justia Law

Posted in: Injury Law
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After Tonia Begley died, Robert Bartee and Wiley Begley qualified as co-administrators of Begley’s estate. Wiley Begley subsequently died. Thereafter, Bartee filed a wrongful death lawsuit against an emergency department physician. The trial court dismissed the action, concluding that Bartee lacked standing to sue alone. The Supreme Court reversed, holding that Bartee had standing to file the action under the doctrine of survivorship because the power of appointment given to Bartee and Wiley Begley as co-administrators of the estate to prosecute a wrongful death action could be exercised by Bartee as the sole remaining survivor. Remanded. View "Bartee v. Vitocruz" on Justia Law

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Plaintiffs were former employees by Verizon Virginia, Inc. Plaintiffs sued Verizon and the Communication Workers of America, AFL-CIO District 2 after Plaintiffs accepted an “Enhanced Income Security Plan” based on the assurances that they would not be terminated but were nonetheless terminated. Defendants filed notices of removal to the federal district court, arguing that Plaintiffs’ state-law claims were completely preempted by section 301(a) of the Labor Management Relations Act (LMRA). The district court concluded that Plaintiffs’ state-law claims were not completely preempted and there was no federal jurisdiction. On remand, the circuit court agreed with Defendants on the complete preemption issue and dismissed the case. The Supreme Court reversed, holding (1) the circuit court erred by dismissing Plaintiffs’ claims for lack of jurisdiction, even if they were completely preempted; and (2) Plaintiffs’ claims were not completely preempted. View "Anthony v. Verizon Va., Inc." on Justia Law

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Plaintiff filed suits against Defendants, alleging that she was injured by Defendants’ course of conduct while she was incarcerated in the Richmond City Jail. Plaintiff was not incarcerated when she filed her lawsuits. Plaintiff asserted state law claims and later amended her complaint to assert federal claims under 42 U.S.C. 1983. The circuit court (1) sustained Defendants’ pleas in bar to Plaintiff’s state law causes of action based on the statute of limitations in Va. Code Ann. 8.01-243.2, and (2) sustained Defendants’ special pleas and affirmative defense of the statute of limitations to the amended complaint, concluding that the section 1983 claims did not relate back to the original filings of the state law claims. The Supreme Court affirmed, holding (1) the statute of limitations in section 8.01-243.2 applies when the plaintiff is no longer incarcerated at the time she files her action relating to the conditions of her confinement, and thus, the circuit court did not err in finding that Plaintiff’s state law claims were time barred; and (2) the circuit court did not err in not granting leave for Plaintiff to file a second amended complaint. View "Lucas v. Woody" on Justia Law

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Ubaldo Rodriguez was an employee the general contractor hired by Leesburg Business Park, LLC (LBP) to construct warehouse buildings on a parcel of undeveloped land owned by LBP. Ubaldo suffered fatal injuries in the course of employment. Cecilia Rodriguez, Ubaldo’s widow and the administrator of his estate, filed a wrongful death action against LBP. LBP filed a plea in bar, which the circuit court granted on the grounds that Cecilia’s claim was barred because Ubaldo was the statutory co-employee of LBP. The Supreme Court reversed. On remand, LBP moved to reconsider its plea in bar, arguing that it was Ubaldo’s statutory employer and that Cecilia’s recovery was limited to Workers’ Compensation benefits only. The circuit court sustained the plea in bar and dismissed the complaint with prejudice. The Supreme Court reversed, holding that Ubaldo’s work at the time of the accident was not part of LBP’s “trade, business, or occupation,” and therefore, LBP was not Ubaldo’s statutory employer at the time of the accident under Va. Code Ann. 65.2-302(A). Remanded. View "Rodriguez v. Leesburg Bus. Park, LLC " on Justia Law