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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Meyer v. Brown - 6/5/1998
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND James B. Wilkinson, Judge
In this appeal of a judgment in favor of a plaintiff in a personal injury action, the dispositive question is whether the trial court erred in overruling...
City of Virginia Beach School Board v. Chappell - 6/2/1998
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
City of Virginia Beach School Board ("employer") contends that the Workers' Compensation Commission erred in finding that Obed Floyd Chappell proved...
Mary Washington Hospital and Healthcare Providers Group Self-Insurance Association v. Harrison - 12/16/1997
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Argued at Alexandria, Virginia
Mary Washington Hospital and Healthcare Providers Group Self-Insurance Association (jointly referred to herein as employer) appeal from an...
Home Entertainment Video and Nationwide Mutual Insurance Co. v. Toombs - 12/9/1997
Argued at Richmond, Virginia
MEMORANDUM OPINION *fn*
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Home Entertainment Video (employer) and its insurer appeal the decision of the full commission awarding benefits...
Bassett-Walker Inc. v. Wyatt - 11/25/1997
Argued at Richmond, Virginia
UPON REHEARING EN BANC
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Bassett-Walker, Inc. (appellant) appeals a decision of the Workers' Compensation Commission (commission) awarding...
Papco Oil Co. v. Farr - 11/18/1997
Argued at Norfolk, Virginia
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Papco Oil Company and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission (commission)...
Hardees of Charlottesville 3 and Boddie Noell Enterprises Inc. v. Crawford - 11/10/1997
MEMORANDUM OPINION *fn*
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Hardees of Charlottesville #3 and Boddie Noell Enterprises, Inc. (employer) contend that the Workers' Compensation Commission erred in reversing the...
Shawnee Management Corp. v. Hamilton - 11/4/1997
Argued at Richmond, Virginia
UPON A REHEARING EN BANC
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Shawnee Management Corporation (employer) appeals an order of the Workers' Compensation Commission awarding...
Recalde v. ITT Hartford - 10/31/1997
UPON A QUESTION OF LAW CERTIFIED BY THE DISTRICT OF COLUMBIA
COURT OF APPEALS
On April 18, 1997, we accepted for consideration a question of Virginia law that the District of Columbia Court of Appeals certified to us. That...
Bowers v. Sprouse - 10/31/1997
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Melvin R. Hughes, Jr., Judge
In this appeal of a judgment entered in a personal injury action, we consider whether a plaintiff, who received a jury verdict for the exact amount...
Trisvan v. Agway Insurance Co. - 10/31/1997
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
James B. Wilkinson, Judge
In this appeal, we construe Code § 38.2-2206 to determine whether, in a single vehicle accident, the uninsured/ underinsured motorist (UM/UIM)...
Fairfax Hospital v. Curtis - 10/31/1997
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
David T. Stitt, Judge
I.
In this appeal we consider, among other things, whether a patient has a cause of action against a health care provider which voluntarily disseminated...
Grayson Mitchell Inc. v. Hamlette - 9/23/1997
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Grayson Mitchell, Inc. and Twin City Fire Insurance Company (collectively "appellant") appeal an order of the Workers' Compensation Commission (commission) awarding temporary...
Archambault v. Roller - 9/12/1997
FROM THE CIRCUIT COURT OF ALBEMARLE COUNTY Paul M. Peatross, Jr., Judge
Generally, Code § 8.01-399 prohibits a lawyer from obtaining information from a physician in connection with pending or threatened litigation without the...
Smith v. Settle - 9/12/1997
FROM THE CIRCUIT COURT OF PRINCE WILLIAM COUNTY
LeRoy F. Millette, Jr., Judge
This appeal of consolidated personal injury cases raises issues involving a so-called high-low agreement, sovereign immunity, and rulings on...
Pavlick v. Pavlick - 9/12/1997
FROM THE CIRCUIT COURT OF GLOUCESTER COUNTY John M. Folkes, Judge
The question for decision in this appeal is whether the doctrine of intra-family immunity bars recovery of damages for the death of an unemancipated child as a...
Nunnally v. Dr. AVIS Adriena Artis - 9/12/1997
FROM THE CIRCUIT COURT OF THE CITY OF DANVILLE
James F. Ingram, Judge
I.
In this appeal, we consider whether to overrule our decision in Scarpa v. Melzig, 237 Va. 509, 379 S.E.2d 307 (1989), holding that in an...
Augusta Lumber & Supply Inc. v. Truslow - 6/24/1997
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
MEMORANDUM OPINION *
Augusta Lumber & Supply, Inc. and its insurer (hereinafter collectively referred to as "employer") contend that the Workers' Compensation...
Medical College of Virginia School of Dentistry v. Hawkins - 6/17/1997
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Medical College of Virginia School of Dentistry (employer) appeals a decision of the Workers' Compensation Commission (commission) awarding benefits to...
Warner v. William Marsh Uninsured Employer''s Fund - 6/10/1997
Argued by Teleconference
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
The Uninsured Employer's Fund and John Warner each appeal the decision of the Workers' Compensation Commission awarding...
Griffin v. Spacemaker Group Inc. - 6/6/1997
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Theodore J. Markow, Judge
This is an appeal in an action asserting negligent servicing and reconditioning of an industrial lift truck resulting in personal injury to the...
McDonald v. Hampton Training School for Nurses - 6/6/1997
FROM THE CIRCUIT COURT OF THE CITY OF HAMPTON
William C. Andrews, III, Judge
In this appeal in a medical malpractice case, we consider whether the trial court properly held that, because a physician exercised independent...
Coleman v. Hogan - 6/6/1997
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
M. Langhorne Keith, Judge
In this appeal, we consider the proper remedy for the unconstitutional exercise of a peremptory strike, specifically whether a juror, reseated on the panel...
Poliquin v. Daniels - 6/6/1997
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Melvin R. Hughes, Jr., Judge
These two related medical malpractice cases present issues regarding (1) the testimony of expert witnesses, (2) the sufficiency of the evidence to...
Bryan v. Burt - 6/6/1997
FROM THE CIRCUIT COURT OF FAUQUIER COUNTY
James H. Chamblin, Judge
The main appellate issue in this wrongful death action, alleging medical malpractice against both an emergency room physician and a family practitioner, is...
Wheeler v. Roanoke Memorial Hospital and Pennsylvania Manufacturers'' Association Insurance Co. - 3/18/1997
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Sandra A. Wheeler (claimant) contends that the Workers' Compensation Commission (commission) erred in finding that (1) the notice requirements contained...
Virginia Electric & Power Co. v. Bobbitt - 3/11/1997
Argued at Richmond, Virginia
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Virginia Electric & Power Company contends that the commission erred in ruling that the Company was required to...
C. W. Wright Construction Co. v. Carter - 3/4/1997
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
C. W. Wright Construction Company, Inc. and its insurer (hereinafter collectively referred to as "employer") contend that the Workers' Compensation...
Singleton v. Singleton - 3/4/1997
MEMORANDUM OPINION *
FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH
John K. Moore, Judge
Bill Rae Singleton (husband) appeals the decision of the circuit court denying his motion to reduce or eliminate the...
Bassett-Walker Inc. v. Wyatt - 3/4/1997
MEMORANDUM OPINION *
Argued at Salem, Virginia
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Bassett-Walker, Inc. appeals the decision of the commission awarding benefits to Shirley Jean Wyatt. Bassett-Walker...
Tina Marie Lake v. Northern Virginia Women''s Medical Center Inc. - 2/28/1997
FROM THE CIRCUIT COURT OF FAIRFAX COUNTY
David T. Stitt, Judge
In this appeal, we consider whether a plaintiff should be permitted to amend a motion for judgment at the threshold of trial to substitute the proper corporate...
Schwartz v. Brownlee - 2/28/1997
FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA
Alfred D. Swersky, Judge
In this medical malpractice case, William Brownlee (Brownlee) was diagnosed as suffering from prostate cancer, and David T. Schwartz, M.D. (Dr....
Dominion Water Inc. v. Duncan - 2/25/1997
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Dominion Water, Inc. and its insurer (hereinafter collectively referred to as "employer") appeal a decision of the Workers' Compensation Commission...
Maryland & Virginia Milk Produce and Lumbermens Mutual Casualty Co. v. Parker - 2/25/1997
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Maryland & Virginia Milk Produce and its insurer (hereinafter collectively referred to as "employer") contend that the Workers' Compensation...
Williams Industries Inc. v. Wagoner - 2/11/1997
Argued at Richmond, Virginia
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Williams Industries, Inc. and Pacific Employers Insurance Company (collectively "employer") appeal the decision of the Workers' Compensation...
Powell v. St. Joe Container Co. - 1/28/1997
MEMORANDUM OPINION *
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Jimmy Wayne Powell contends that the Workers' Compensation Commission erred in finding that he failed to prove he was disabled as of January 31, 1995,...
Granados v. Windson Development Corporation/ Windson Carpenters Inc. - 1/28/1997
Argued at Alexandria, Virginia
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Jose Ismael Granados (claimant) appeals from a decision of the Workers' Compensation Commission denying him benefits because he...
Kenny''s Construction Inc. v. Richards - 12/17/1996
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Kenny's Construction, Inc. and its insurer (hereinafter collectively referred to as "employer") contend that the Workers' Compensation Commission ("commission") erred in (1)...
Fenco Inc. v. Bottenfield - 12/17/1996
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Fenco, Inc. ("employer") and PMA Insurance Company ("the insurer") contend that the Workers' Compensation Commission ("commission") erred in denying their application...
Lee v. City of Portsmouth School Board - 12/17/1996
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
The sole issue on this appeal is whether the Workers' Compensation Commission (commission) erred in finding that Wilhelmenia Lee (claimant) failed to prove that she sustained...
Artrip v. Kerns Bakeries Inc. - 12/10/1996
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
David Allen Artrip ("claimant") contends that the Workers' Compensation Commission erred in finding that (1) his September 18, 1992 automobile accident caused a significant...
Ward v. Tidewater Sand Co. - 11/26/1996
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Ralph Weldon Ward, Jr. contends that the Workers' Compensation Commission erred in finding that he failed to prove that (1) he was totally disabled from any gainful employment...
Reynolds Metals Co. v. Shifflett - 11/26/1996
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Employer, Reynolds Metals Company, appeals from an award of benefits to claimant, Sharon Shifflett, for injuries she sustained in the course of her employment. Employer...
Lawson v. Elkins - 11/1/1996
OPINION BY JUSTICE LEROY R. HASSELL, SR.
In this medical negligence appeal, we consider whether the trial court abused its discretion by refusing to permit a physician to testify as an expert witness.
Plaintiff, Belinda H....
Monticello Insurance Co. v. Baecher - 11/1/1996
OPINION BY JUSTICE LEROY R. HASSELL, SR.
In this insurance coverage dispute, the dispositive issue is whether an insurer may enforce an exclusion clause described as a "health hazard exclusion."
Monticello Insurance Company...
Harrah v. Washington - 11/1/1996
OPINION BY JUSTICE A. CHRISTIAN COMPTON
In this action seeking recovery for a wrongful death occurring during a series of motor vehicle accidents on a fog-shrouded mountain, we consider issues of primary negligence, unavoidable...
Swann v. Marks - 9/13/1996
OPINION BY JUSTICE ELIZABETH B. LACY
In this personal injury action, we consider whether a motion for judgment filed against the "estate" of a deceased person tolls the statute of limitations, and whether substitution of the...
Chapman v. City of Virginia Beach - 9/13/1996
OPINION BY JUSTICE ELIZABETH B. LACY
In determining whether the trial court properly set aside a jury verdict and entered judgment in favor of the City of Virginia Beach in this wrongful death action, we consider issues relating...
Tittsworth v. Robinson - 9/13/1996
OPINION BY JUSTICE ROSCOE B. STEPHENSON, JR.
The sole issue in this appeal is whether the trial court erred in allowing certain expert testimony.
Jeffrey A. Tittsworth filed a motion for judgment against Stephanie N....
Goodyear Tire & Rubber Co. v. Lanum - 6/18/1996
MEMORANDUM OPINION* BY JUDGE ROSEMARIE ANNUNZIATA.
Employer, Goodyear Tire & Rubber Co., Inc., appeals the decision of the Virginia Workers' Compensation Commission, awarding medical benefits to claimant, Larry D. Lanum. The...
Calmes v. Calmes - 6/11/1996
MEMORANDUM OPINION*
PER CURIAM
James G. Calmes, Jr., (husband) appeals the decision of the circuit court awarding Teresa H. Calmes (wife) a share of funds traceable to husband's personal injury award. Husband contends on...
Mason v. Wytheville Golf Club Inc. - 6/11/1996
MEMORANDUM OPINION*
PER CURIAM
Paul Allen Mason ("claimant") contends that the Workers' Compensation Commission erred in denying his change in condition application on the ground that he failed to prove that his back...
King v. Sowers - 6/7/1996
OPINION BY JUSTICE BARBARA MILANO KEENAN
In this appeal of a judgment entered in a medical malpractice action, we consider whether the trial court erred (1) in instructing the jury regarding "acceptable and customary" methods of...
Brett v. Brett - 6/4/1996
MEMORANDUM OPINION*
Mary R. Brett (mother) appeals the decision of the circuit court granting the motion of Lawrence G. Brett (father) to reduce spousal and child support and deciding other issues. Mother raises the following...
Tomlin v. Vance International Inc. - 5/21/1996
OPINION BY CHIEF JUDGE NORMAN K. MOON
David Michael Tomlin appeals from the order of the Workers' Compensation Commission holding that Vance International, Inc. and its insurer did not waive subrogation rights in a settlement of...
Briggs v. Hendricks Guttering Co. - 5/14/1996
MEMORANDUM OPINION*
Anthony D. Briggs contends that the Workers' Compensation Commission erred in finding that he failed to prove that he sustained a neck injury as a result of a work-related accident which occurred on June 17,...
Wiggins v. Fairfax Park Limited Partnership - 5/14/1996
OPINION BY JUDGE CHARLES H. DUFF
Larry T. Wiggins ("claimant") appeals a decision of the Workers' Compensation Commission granting an application filed by Fairfax Park Limited Partnership ("employer") and Employers Mutual...
Beard v. City of Danville Public Works - 4/30/1996
MEMORANDUM OPINION* BY JUDGE JERE M. H. WILLIS, JR.
On appeal from a decision of the Virginia Workers' Compensation Commission denying an award of attorney's fees pursuant to Code § 65.2-714, Larry R. Beard contends that the...
Virginia Electric & Power Co. v. Brice - 4/30/1996
MEMORANDUM OPINION*
Virginia Electric & Power Company ("employer") contends that the Workers' Compensation Commission erred in finding that Robert H. Brice ("claimant") proved a causal relationship between his fibromyalgia...
Reed v. Doughtie''s Foods Inc. - 3/26/1996
MEMORANDUM OPINION*
PER CURIAM
William Byrd Reed ("claimant") contends that the Workers' Compensation Commission erred in finding that he failed to prove that his December 22, 1993 compensable injury by accident caused his...
Danville School Board v. Chilton - 3/26/1996
MEMORANDUM OPINION* BY JUDGE LARRY G. ELDER
The Danville School Board (employer) appeals from the Workers' Compensation Commission's (commission) award of benefits to Thelma H. Chilton (claimant) for a change in condition related...
Tucker v. American First Properties and Transportation Insurance Co. - 3/19/1996
MEMORANDUM OPINION
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Shirley A. Tucker ("claimant") contends that the Workers' Compensation Commission erred in suspending her compensation benefits as of May 25, 1994 on...
Smith v. Koch Raven/Koch Industries Inc. - 3/12/1996
MEMORANDUM OPINION*
PER CURIAM
Roy Edward Smith ("claimant") contends that the Workers' Compensation Commission erred in finding that he failed to prove that his back pain and disability beginning in August 1994 were...
Ewc Construction v. Payne - 3/12/1996
MEMORANDUM OPINION* BY JUDGE ROSEMARIE ANNUNZIATA
On September 7, 1993, Kenneth Payne ("claimant") suffered an accidental injury arising out of and in the course of his employment with EWC Construction ("employer"). Employer...
White Electric Co. v. Bak - 3/12/1996
OPINION BY JUDGE JOSEPH E. BAKER
White Electric Company, Inc. and State Farm General Insurance Company (jointly referred to herein as employer) appeal from a decision of the Workers' Compensation Commission (commission) that...
Douglas v. Chesterfield County Police Department - 3/1/1996
OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR.
Pursuant to our Rule 5:42, the United States District Court for the Eastern District of Virginia certified a question of Virginia law to this Court which we accepted by order entered...
Tactical Group Inc. v. Lucas - 12/29/1995
Per Curiam
Tactical Group, Inc. ("Tactical") contends that the Workers' Compensation Commission erred in finding that (1) Jimmy Ray Lucas was an employee of Tactical rather than an independent contractor; (2) Tactical employed...
Leadbetter Inc. v. Penkalski - 12/19/1995
OPINION BY JUDGE JAMES W. BENTON, JR.
UPON REHEARING EN BANC
Leadbetter, Inc. and its insurer appeal from the commission's award of temporary total disability benefits to Benjamin Penkalski. Leadbetter contends the...
Henry v. Professional Building Maintenance - 12/19/1995
Per Curiam
Bruce Henry (claimant) contends that the Workers' Compensation Commission (commission) erred in denying his motion to quash the request of Professional Building Maintenance (employer) for claimant to submit to an...
Falls Church Construction Corp. v. Valle - 12/12/1995
OPINION BY JUDGE LARRY G. ELDER
Falls Church Construction Corporation, the statutory employer, and West American Insurance Company, its insurer, appeal the commission's award of benefits to Raphael Valle (claimant) for a...
Shenandoah Industrial Rubber Co. v. Pruett - 12/5/1995
MEMORANDUM OPINION BY JUDGE JAMES W. BENTON, JR.
Shenandoah Industrial Rubber Company contends that no credible evidence supports the commission's finding that Gary Douglas Pruett proved by a preponderance of the evidence that...
Dynair C.F.E. Services Inc. v. Rempas - 11/14/1995
MEMORANDUM OPINION BY JUDGE JOSEPH E. BAKER
In this appeal from a decision of the Workers' Compensation Commission (commission), Dynair C.F.E. Services, Inc. (employer) contends that Perry L. Rempas (claimant) failed to prove a...
McCready v. Schulderberg & Kurdle Co. - 11/7/1995
Per Curiam
Jack B. McCready ("claimant") contends that the Workers' Compensation Commission erred in denying his application seeking permanent total disability benefits provided for in Code § 65.2-503(C ) on the ground that he...
Ramey v. Bobbitt - 11/3/1995
OPINION BY JUSTICE BARBARA MILANO KEENAN
In this appeal from a judgment entered in a wrongful death action, the plaintiff's decedent was struck and killed by a motor vehicle on a public street adjacent to his employer's...
Carr v. Home Insurance Co. - 11/3/1995
OPINION BY JUSTICE ELIZABETH B. LACY
In this case we consider whether an uninsured motorist insurance carrier can assert a claim for equitable indemnification from the uninsured motorist based on the carrier's payment of its...
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