Discovery Deposition Testimony may not be used as a basis for summary judgment or a motion to strike in Virginia (except for some punitive claims).

Posted Posted in Defamation, General, Litigation, Personal Injury Law

Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a motion to strike the evidence? Answer: No.  Unless the parties agree, Virginia Code § 8.01-420 specifically excludes such use, except for claims of punitive damages in cases that do not involve operation of a motor […]

A summary of the law for wrongful death in Virginia caused by the negligence or wrongful act of another.

Posted Posted in Assault & Battery, General, Negligence, Personal Injury Law, Wrongful Death

Call Today –> 804-783-2000 A summary of the law of wrongful death actions in Virginia. When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person.  […]

Summary of defamation, slander & libel in Virginia

Posted Posted in Libel & Slander, Negligence, Personal Injury Law

Summary of defamation, slander & libel in Virginia. Overview:  Slander, defamation and libel are all treated the same in Virginia. Defamation is a false statement of fact published or communicated to another person that causes injury to the reputation of the subject of the statement. The false statement must be a false statement of fact, […]

La Muerte Injusta – Un resumen de la ley en Virginia

Posted Posted in Español, General, Personal Injury Law, Wrongful Death

In English – Wrongful Death in Virginia La Muerte Injusta – Un resumen de la ley en Virginia Cuando un miembro de su familia se muere por causa del un hecho negligente o injusto el representativo personal del fallecido se puede hacer una demanda para daños y perjuicios dentro de los dos años del fallecimiento […]

Can an employer be held liable for negligent training in Virginia?

Posted Posted in Negligence, Personal Injury Law

Q.        Can an employer be held liable to a third person for negligent training of its employee in Virginia?  A.        Yes. While many would answer that question in the negative, those individuals would be grossly overgeneralizing the language used by the Virginia Supreme Court in Chesapeake & Potomac Tel. Co. v. Dowdy, 235 Va. 55, […]

Unreasonable Force in “Terry Stop” Gives Rise to Officer Liability

Posted Posted in Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Personal Injury Law

En Español Quarter Million Dollar Verdict to Richmond Police Officer Wesley Moore, represented by Civil Rights Attorneys Tom Roberts and Andrew Bodoh. On January 30, 2013, a Richmond jury awarded a $250,000 to Richmond police officer Wesley Moore against a junior patrol officer for battery arising from a August 10, 2010 stop in South Richmond. […]

In Virginia, if an officer arrested me outside his jurisdiction, can I file suit against the officer?

Posted Posted in Civil Rights, General, Personal Injury Law

In Jordan v. Shands, 255 Va. 492, 497 (Va. 1998), the court stated “We have defined false imprisonment as “the direct restraint by one person of the physical liberty of another without adequate legal justification.” W.T. Grant Co. v. Owens, 149 Va. 906, 921, 141 S.E. 860, 865 (1928). We have also observed that “false […]