Yearly Archives: 2023

Personal Injury Actions Against Convicts

Sometimes in the course of personal injury litigation it’s necessary to sue someone who is in jail. That person may have been the at-fault party in a crash and subsequently is in prison. On the other hand it may be … Continue reading

Sealing Personal Injury Files

Sometimes in a lawsuit, one party may want the file sealed. On the other hand they may want part of the file sealed. Whether or not that can happen is governed by the case law and statutes of Virginia. In Shenandoah … Continue reading

Consumer Protection Act in Virginia

The Virginia Consumer Protection Act was initially passed in 1977. It was passed as remedial legislation to promote fair and ethical standards between suppliers and the consuming public. It protects in particular a consumer transaction. A consumer transaction involves the … Continue reading

Fraud in Medical Malpractice

Fraudulent behavior in the context of a medical malpractice case is not unheard of. However it is unusual. The court addressed such an issue in the case of Dell v. French, 38 Va. Cir. 91 (1995) On December 21, 1991 … Continue reading

Insurance Contract Law

Insurance policies are contracts. They are simply agreements. No different than most other contracts. What follows is an explanation of contract law and some incorporation of insurance contract law. First, some general definitions. A contract is an agreement between two … Continue reading

Personal Injury and Contractor Licensing

Construction contractors and tradespeople are required to be licensed in Virginia. Virginia Code § 54.1-1103(A) requires that “[n]o person shall engage in or offer to engage in contracting work or operate as an owner-developer unless he has been licensed or … Continue reading

Police Qualified Immunity

In police abuse of force cases, the officer may raise a defense of qualified immunity. That defense is an affirmative defense. The burden rests on the defendants to prove it. Gomez v. Toledo, 446 U.S. 635, 639-641 (1980) Police Qualified … Continue reading

Distracted Driving

Distracted driving is a frequent cause of auto crashes.  Cell phone and texting usage while driving causes crashes. Knowledge that a person you are loaning your auto to uses a cell phone while driving may be negligent entrustment. There is … Continue reading

Greater Weight of Evidence

In any case there is a certain standard of proof. In most civil cases, the standard of proof is probability. Probability means greater than 50%. Sometimes the term “greater weight of the evidence” is used. Other times “preponderance of the … Continue reading

Nurse Malpractice

Nurses have a duty not only to comply with the standard of reasonable care for the a patient but also have a duty to act as an advocate for the patient. Their failure to do so may bring their action within … Continue reading

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