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Search Results for: negligence


Gallbladder Surgery Negligence

Gallbladder surgery negligence can be seen in the cutting of the common bile or common hepatic ducts. The underlying problem that necessitates surgery is the presence of gallstones. This may dictate the surgical removal of the gallbladder.  This procedure is … Continue reading

Negligence Per Se Claims

Negligence per se claims are interesting. Negligence per se is not a cause of action as defined in Rule 1:6.  It may not even be a theory of recovery.  Negligence per se is simply negligence wherein the prohibited conduct is … Continue reading

Contributory Negligence Bar

Contributory Negligence Bar-Substantial Fault Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. The exception to that is where the plaintiff’s own evidence gives rise to this defense. In that … Continue reading

Gross Negligence Redefined

Gross Negligence Redefined By The VSC The Virginia Supreme Court seems to have given new meaning to this term. Elliott v. Carter was a wrongful death action that involved a Boy Scout and his peer leader. The Boy Scouts were … Continue reading

Contributory Negligence

This page within Virginia Tort Law is an explanation of contributory negligence and a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of contributory negligence and the related topic of personal … Continue reading

Negligence Per Se

Case data brought to you by Brien Roche, Fairfax, Va. leading tort law attorney. See Va. Code § 8.01-221 indicating that person injured by violation of statute may recover for such even though criminal penalty has been imposed. 2011 Kaltman … Continue reading

Gross Negligence

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Gross Negligence and the related topic of personal injury.  For more information about gross … Continue reading

Concurrent Negligence

This page within Virginia Tort Law is an explanation of the concept of concurrent negligence and a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Concurrent Negligence and the related … Continue reading

Comparative Negligence

This page within Virginia Tort Law is an explanation of the concept of comparative negligence and a reporting of cases from the Virginia Supreme Court summarized by Brien Roche. Comparative negligence is a tort/personal injury concept that is not recognized … Continue reading

Active Passive Negligence

This page is a compilation of cases reported by the Virginia Supreme Court dealing with active negligence and passive negligence. 1966 Busch v. Gaglio, 207 Va. 343, 150 S.E.2d 110. Court appears to adopt distinction between active and passive negligence. … Continue reading

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