Virginia Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Virginia or Court of Appeals of Virginia where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Howerton v. Mary Immaculate Hospital - 6/7/2002
In this medical malpractice action, we review the trial court's ruling in striking the plaintiffs' evidence on the ground that it was insufficient as a matter of law to establish either that the defendant was negligent or that such...
Kimberlin v. PM Transport - 6/7/2002
In this appeal, we determine whether the trial court erred in striking the plaintiff's evidence and entering judgment in favor of the defendants.
I.
Leisa D. Kimberlin (the Plaintiff) filed a personal-injury action against...
Berner v. Mills - 3/26/2002
Argued at Alexandria, Virginia
JUDGE NELSON T. OVERTON
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Todd Berner, M.D. (Berner) and Primary Care for Women, P.C. (Primary Care) appeal a decision of the Workers'...
Kidder v. Virginia Birth-Related Neurological Injury Compensation Program - 3/26/2002
Argued at Chesapeake, Virginia
JUDGE LARRY G. ELDER
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Sturgis Kidder, who sues as father and next friend of Andrew Patrick Kidder (Andrew or claimant), an infant,...
Seymour v. Seymour - 3/5/2002
MEMORANDUM OPINION
FROM THE CIRCUIT COURT OF HENRICO COUNTY George F. Tidey, Judge
George Harrison Seymour (husband) appeals from a ruling of the Circuit Court of Henrico County holding him in contempt for failing to pay...
Acordia of Virginia Insurance Agency - 3/1/2002
Present: All the Justices
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH H. Thomas Padrick, Jr., Judge
This appeal arises from the alleged failure of the appellant, Acordia of Virginia Insurance Agency, Inc....
Jones v. Ford Motor Co. - 3/1/2002
Present: All the Justices
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY M. Langhorne Keith, Judge
In this appeal of a judgment entered in favor of an automobile manufacturer, the primary issue we consider is whether the...
Liddle v. Phipps - 3/1/2002
PRESENT: All the Justices
FROM THE CIRCUIT COURT OF CARROLL COUNTY Duane E. Mink, Judge
In this appeal, we consider whether an order of non-suit under Code § 8.01-380(A) was proper.
I. Facts and Proceedings Below ...
Maple Leaf Bakery - 2/12/2002
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Maple Leaf Bakery, Inc. and its insurer (hereinafter referred to as "employer") contend the Workers' Compensation Commission erred in (1) finding that...
Virginia Equipment Development v. Hinebaugh - 2/12/2002
Argued at Chesapeake, Virginia
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Virginia Equipment Development and WCAMC Contractors Group Self- Insurance Association (employer) contend that the...
Coffey v. Virginia Birth-Related Neurological Injury Compensation Program - 1/29/2002
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
On appeal from a decision of the Workers' Compensation Commission denying him benefits under the Birth-Related Neurological Injury Compensation Act, Code § 38.2-5000, et seq.,...
Fluor Corp. v. Beasley - 12/4/2001
Argued at Chesapeake, Virginia
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Fluor Corporation and its insurer, Continental Casualty Company, (collectively "the employer") appeal an order of...
Jeneary v. Commonwealth - 9/14/2001
Present: All the Justices
FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Charles E. Poston, Judge
In this appeal, we consider whether the trial court correctly applied Code §§ 65.2-1204 and 65.2-601.1 of the Virginia...
Peck v. Safeway Steel Products - 9/14/2001
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Randall G. Johnson, Judge
In this appeal, we determine whether the trial court erred in ruling that the plaintiff's action is barred by Code § 65.2-307, the exclusivity provision of...
McMillion v. Dryvit Systems - 9/14/2001
Present: All the Justices
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Marcus D. Williams, Judge
This appeal involves claims of false advertising and fraud arising out of an allegedly defective product known as "Exterior...
Jefferson Green Unit Owners Association - 9/14/2001
Present: All the Justices
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Dennis J. Smith, Judge
This appeal involves the question whether a zoning proffer that provides recreational facilities by requiring payment of membership...
Lombard v. Rohrbaugh - 9/14/2001
Present: All the Justices
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Dennis J. Smith, Judge
In these two appeals, we consider whether the trial court erred in permitting Dorsey W. Rohrbaugh ("Rohrbaugh") to mention liability...
Bhatia v. Mehak - 9/14/2001
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Marcus D. Williams, Judge
In this appeal of consolidated personal injury actions, we consider whether a restaurant business and its "co-owners" are entitled to the protection of a...
Nelson v. Warden of the Keen Mountain Correctional Center - 9/14/2001
Present: All the Justices
UPON A PETITION FOR A WRIT OF HABEAS CORPUS
This case involves a "Baker claim," i.e., one arising from this Court's decision in Commonwealth v. Baker, 258 Va. 1, 516 S.E.2d 219 (1999) (per curiam),...
Milam v. Consolidation Coal Co. - 8/28/2001
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
James R. Milam (claimant) contends that the Workers' Compensation Commission erred in finding that he failed to prove he sustained an injury by accident...
Basham v. Crestar Bank - 8/28/2001
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Douglas Wayne Basham contends that the Workers' Compensation Commission erred in holding that he failed to prove that on March 29, 2000 he sustained an...
CPF Corporation v. Benbow - 7/31/2001
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
MEMORANDUM OPINION
CPF Corporation and its insurer (hereinafter referred to as "employer") contend that the Workers' Compensation Commission erred in finding that Robert...
Bonnie Be-Lo Markets v. House - 3/13/2001
Argued at Chesapeake, Virginia
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Bonnie Be-Lo Markets and its insurer (hereinafter referred to as "employer") contend on appeal that the Workers'...
Welding - 3/2/2001
FROM THE CIRCUIT COURT OF BLAND COUNTY J. Colin Campbell, Judge
Welding, Inc. (Welding), a construction company, sued the Bland County Service Authority (the Authority), for payments allegedly due pursuant to a contract between...
Atkinson v. Sachno - 3/2/2001
FROM THE CIRCUIT COURT OF THE CITY OF STAUNTON
Humes J. Franklin, Jr., Judge
In this medical malpractice case, we consider whether the trial court properly held that a physician providing consultant services for an agency...
Snyder General Corp. v. Fridley - 12/12/2000
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Snyder General Corporation and Transportation Insurance Company appeal from a decision of the Virginia Workers' Compensation Commission awarding...
Boyer v. Sundown Express - 12/5/2000
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
William Gary Boyer (claimant) appeals the decision of the Workers' Compensation Commission (commission) finding his claim alleging injury by accident...
Corning - 11/28/2000
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Corning, Inc. and its insurer (hereinafter referred to as "employer") contend that the Workers' Compensation Commission erred in finding that Tyler v....
Southside Virginia Training Center v. Ellis - 11/21/2000
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Southside Virginia Training Center contends the Workers' Compensation Commission erred when it ruled that Frederick W. Ellis sustained a compensable injury arising out of his...
Cook v. Radford Community Hospital - 11/3/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF THE CITY OF RADFORD Duane E. Mink, Judge
In this appeal, we consider whether Code § 37.1-141 precludes the filing of an action by a person adjudged incapacitated and...
Fowler v. International Cleaning Service - 11/3/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Melvin R. Hughes, Jr., Judge
This case is a corollary to Stone v. Door-Man Mfg. Co., 260 Va. ___, ___ S.E.2d ___ (Record No. 000175), this day...
Stone v. Door-Man Manufacturing Co. - 11/3/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Junius P. Fulton, III, Judge
The question for decision in this appeal is whether a worker in the employ of the owner of a manufacturing business was a...
Whitley v. Commonwealth - 11/3/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE Thomas Forehand, Jr., Judge
In this appeal of a judgment entered in a wrongful death action, we consider whether the trial court erred in granting...
Cooper INdustries - 11/3/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Johnny E. Morrison, Judge
In this product liability case, we address issues concerning proximate causation, misuse of a product, the statute of repose,...
In re Sugarland Run Homeowners Association - 9/15/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF LOUDOUN COUNTY Jean Harrison Clements, Judge
In this wrongful death case, the dispositive issue is one of proximate cause. We review a judgment entered against a...
John W. Daniel and Co. - 8/22/2000
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
MEMORANDUM OPINION *
John W. Daniel and Company, Inc. and its insurer (hereinafter referred to as "employer") contend that the Workers' Compensation Commission erred in...
Augusta School Board v. Warren - 8/15/2000
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Augusta (County of) School Board (employer) appeals the September 9, 1999 decision of the Workers' Compensation Commission (commission) awarding...
Jenkins v. Peninsula Roofing Company - 8/8/2000
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Edward L. Jenkins (claimant) contends that the Workers' Compensation Commission erred in finding that he failed to prove that he sustained a new...
Habboush v. Walsh - 6/13/2000
MEMORANDUM OPINION *
FROM THE CIRCUIT COURT OF HENRICO COUNTY L.A. Harris, Jr., Judge
Edward H. Habboush (father) appeals the decision of the trial court denying his motions for child support, modification of visitation...
Underwood v. Commonwealth - 6/13/2000
MEMORANDUM OPINION *
FROM THE CIRCUIT COURT OF CHESTERFIELD COUNTY Timothy J. Hauler, Judge
The appellant, George Leonard Underwood, was convicted in a bench trial of driving a motor vehicle "on the highways of the...
Medici v. Commonwealth - 6/9/2000
FROM THE COURT OF APPEALS OF VIRGINIA
In this appeal, we determine whether the Court of Appeals erred in ruling that the trial court correctly (1) refused to strike for cause a prospective juror, (2) admitted into evidence the...
HCA Health Services of Virginia - 6/9/2000
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Leslie M. Alden, Judge
In these appeals of a contempt order arising from a defamation action, we consider the scope and application of the statutory privilege from disclosure accorded peer...
Rice v. Charles - 6/9/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF DICKENSON COUNTY Keary R. Williams, Judge
In this wrongful death action, we address two separate issues: (1) whether the circuit court erred by striking the defendant's...
Walsh v. Bennett - 6/9/2000
Present: All the Justices
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Henry E. Hudson, Judge
In this appeal, we decide whether the trial court abused its discretion when it struck plaintiff's designation of his expert witness...
Ferguson v. Limitorque Corp. - 5/9/2000
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Walker J. Ferguson appeals a decision of the Workers' Compensation Commission denying him compensation benefits. Ferguson contends that the commission...
International Paper Co. v. DeHart - 5/9/2000
Argued at Salem, Virginia
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
International Paper Company ("employer") contends the Workers' Compensation Commission ("commission") erred in...
Williams v. Williams - 3/28/2000
FROM THE CIRCUIT COURT OF ROANOKE COUNTY Diane McQ. Strickland, Judge
Charles Wayne Williams and Sonjia Lord Williams were divorced by entry of an amended final decree entered July 10, 1997, which awarded the wife 50% of the...
Snap Contracting Corporation v. Eastwood - 3/28/2000
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Snap Contracting Corporation and Hartford Underwriters Insurance Company ("employer") appeal the decision of the Virginia Workers' Compensation Commission reversing the deputy...
Norfolk Beverage Company - 3/3/2000
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH Edward W. Hanson, Jr., Judge
In this appeal of judgments entered in consolidated tort actions, we consider whether the jury's verdicts are excessive and whether the circuit...
Fruiterman v. Waziri - 3/3/2000
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY M. Langhorne Keith, Judge
In this appeal from a judgment entered in a medical malpractice, wrongful death action, the appellant, Jan Paul Fruiterman, M.D. and Associates, P.C., a...
Bolling v. D'Amato - 3/3/2000
FROM THE CIRCUIT COURT OF WISE COUNTY J. Robert Stump, Judge
In this civil action brought under the Death by Wrongful Act statutes for alleged medical malpractice, the dispositive question is whether the appointment of a...
Robinson v. Matt Mary Moran - 3/3/2000
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Theodore J. Markow, Judge
In this appeal, we consider whether the trial court erred in sustaining a demurrer to a wrongful death action, which asserted theories of common law...
Craig v. Dye - 3/3/2000
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Michael Patrick McWeeney, Judge
In this appeal, we construe a personal liability umbrella insurance policy provision stating that the insurer may not provide coverage if an insured "refuse...
Combs v. Virginia Electric & Power Company - 3/3/2000
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Melvin R. Hughes, Jr., Judge
In this personal injury action, the sole question is whether the circuit court correctly ruled that an employee's exclusive remedy against an employer is...
Southwest Virginia Tire - 2/29/2000
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Southwest Virginia Tire and its insurer, American Manufacturers Mutual Insurance Company, appeal the Workers' Compensation Commission's decision...
Federal Express Corporation v. Klyver - 12/21/1999
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Federal Express Corporation (employer) contends that the Workers' Compensation Commission erred in (1) finding that employer failed to prove that...
Gravitt v. Ward - 9/17/1999
FROM THE CIRCUIT COURT OF HALIFAX COUNTY William L. Wellons, Judge
On October 11, 1996, Brenda Lowery Gravitt instituted this medical malpractice action against Dr. Philip D. Ward, an obstetrician/gynecologist, and his...
Virignia Electric v. Dungee - 9/17/1999
FROM THE CIRCUIT COURT OF CHARLES CITY COUNTY Thomas B. Hoover, Judge
James A. Dungee, a minor (James or the plaintiff), by his next friend, filed a motion for judgment against Virginia Electric and Power Company (Virginia...
Ligon v. Southside Cardiology Associates - 9/17/1999
FROM THE CIRCUIT COURT OF PRINCE EDWARD COUNTY Richard S. Blanton, Judge
In this medical negligence case, we consider whether the trial court erred in admitting "habit" evidence from medical personnel to prove that a patient...
Harris v. Virginia Beach General Hospital - 9/14/1999
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Kim Branch Harris (claimant) appeals from a ruling of the Workers' Compensation Commission suspending claimant's benefits on the ground that she...
Prince William County School Board v. Fogarty - 8/31/1999
MEMORANDUM OPINION*
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Prince William County School Board (employer) appeals a decision of the Workers' Compensation Commission (commission) awarding benefits to Sharon E....
Dale v. Virginia Retirement System - 6/22/1999
MEMORANDUM OPINION *
FROM THE CIRCUIT COURT OF BUCHANAN COUNTY Keary R. Williams, Judge
Barbara C. McClanahan (McClanahan), Ruth C. Dale (Dale), and Lacy Potter-Meadows (Potter-Meadows) appeal orders of the trial court...
Patrick v. TENNECO Packaging - 6/15/1999
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Carolyn J. Patrick contends that the Workers' Compensation Commission erred in finding that she failed to prove she sustained a new injury by accident...
Food Lion Inc. v. Newsome - 6/8/1999
Argued at Richmond, Virginia
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
This appeal from an award of temporary total disability benefits by the Workers' Compensation Commission concerns the effect of an employee's...
Gunst Corp. v. Childress - 5/18/1999
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
The Workers' Compensation Commission awarded Alice Lee Childress compensation for permanent total incapacity pursuant to Code § 65.2-500. Gunst Corporation and Reliance Insurance...
Lear Corp. v. McFarland - 5/11/1999
MEMORANDUM OPINION*
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
In this workers' compensation case, Lear Corporation Winchester and Employers Insurance of Wausau (collectively "employer") appeal a decision of the...
Allen & Rocks - 12/22/1998
Argued at Salem, Virginia
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Allen & Rocks, Inc. and its insurer (collectively referred to as "employer") contend the Workers' Compensation Commission ("commission") erred...
Childress v. Appalachian Power Co. - 12/22/1998
Argued at Salem, Virginia
Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, this opinion is not designated for publication.
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
On appeal from a decision of the...
Jones v. Commonwealth - 12/22/1998
Argued in Richmond, Virginia
FROM THE CIRCUIT COURT OF HENRICO COUNTY James E. Kulp, Judge
Pursuant to Code § 17.1-413, recodifying Code § 17-116.010, this opinion is not designated for publication.
Baker * Judge...
Chisholm v. Post - 8/25/1998
MEMORANDUM OPINION *fn*
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Thurondie L. Chisholm ("claimant") contends that the Workers' Compensation Commission ("commission") erred in denying him an award of compensation...
Fairfax County School Board v. Rose - 6/16/1998
Argued at Alexandria, Virginia
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION.
Fairfax County School Board ("employer") appeals the Workers' Compensation Commission's decision granting the change in condition...
Edwards v. Government Employees Insurance Co. - 6/5/1998
UPON QUESTIONS OF LAW CERTIFIED BY THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Under the provisions of Rule 5:42, the United States Court of Appeals for the Fourth Circuit certified to this Court two questions of...
Toombs v. Hayes - 6/5/1998
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND Melvin R. Hughes, Jr., Judge
The sole issue in this appeal is whether the jury's verdict is inadequate as a matter of law.
I.
Angela D. Toombs sued Brett K. Hayes to...
Mottesheard v. Castern - 6/5/1998
FROM THE CIRCUIT COURT OF THE CITY OF SALEM Willis A. Woods, Judge Designate
In this action alleging physician negligence, the sole question is whether the trial court erred in refusing to permit a party to offer evidence of his...
Sabre Construction Corp. v. County of Fairfax - 6/5/1998
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY F. Bruce Bach, Judge
In this appeal, we consider whether the trial court correctly held that Code Sections 11-66 and -70 of the Public Procurement Act, Code Sections 11-35 through -80,...
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