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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Jacobson-Kaplan v. Kaplan - 12/6/2005
In this divorce proceeding, Pamela Jacobson-Kaplan, wife, asserts that the trial court erred in the following: 1) imputing income to her in the amount of $2,300 per month; 2) calculating Dr. Adam Kaplan's (husband's) income; 3)...

Farmington Country Club - 11/22/2005
The Farmington Country Club, Inc., and its insurer, Great American Insurance Company/Ohio Casualty Group (hereinafter collectively "employer"), appeal a decision of the Workers' Compensation Commission holding that employer is...

Oraee v. Breeding - 11/4/2005
In this appeal, we revisit the scope of immunity from civil liability afforded a physician under Code § 8.01-581.18(B) and our decision in Auer v. Miller, 270 Va. 172, 613 S.E.2d 421 (2005). We conclude that the immunity applies only...

Doe v. Zwelling - 11/4/2005
In this action to recover damages for professional malpractice, the plaintiff alleged that, while being treated by the defendant, a health care provider, the defendant breached the applicable standard of care in several respects,...

Garlock Sealing Technologies - 11/4/2005
I. The primary issue that we consider in this appeal is whether federal maritime principles apply to plaintiff's cause of action against a manufacturer of products used during the construction and repair of submarines situated...

Davis v. J.D. Littlejohn - 11/1/2005
Antonio L. Davis, Sr. appeals a decision of the Workers' Compensation Commission denying his change-in-condition claim seeking an award of temporary total disability (TTD) benefits, and granting the application of the Uninsured...

Cabaniss v. Cabaniss - 10/18/2005
Richard Jennings Cabaniss (husband) appeals a trial court decision granting Nancy Turner Cabaniss (wife) a divorce, ordering equitable distribution, and awarding wife spousal support. He contends wife failed to allege in her bill of...

Young v. Virginia Birth-Related Neurological Injury Compensation Program - 10/4/2005
William T. Young, Jr. (Tommy) and his mother, Ada F. Young, appeal a decision of the Virginia Workers' Compensation Commission (commission) denying Ms. Young's request on Tommy's behalf for certain housing benefits under the Virginia...

Commonwealth v. Bakke - 9/27/2005
The Workers' Compensation Commission awarded benefits and expenses under the Virginia Birth-Related Neurological Compensation Act, Code §§ 38.2-5009 through 38.2-5021, to Michele Bakke and Jonathan Bakke, parents and next friends of...

Kondaurov v. Kerdasha - 9/16/2005
In this appeal from a judgment for the plaintiff in a personal injury case, the dispositive question is whether the jury was permitted to consider non-recoverable elements in awarding damages for emotional distress. Facts ...

Newman v. Walker - 9/16/2005
Pursuant to Code § 8.01-229(D), a statute of limitations is tolled when a defendant uses any direct or indirect means to obstruct the filing of an action. In this case, we conclude that a defendant's affirmative misrepresentation...

Sanchez v. Medicorp Health System - 9/16/2005
In this appeal, the question is whether the theory of apparent or ostensible agency applies to a hospital, thereby making the hospital vicariously liable for the alleged negligence of an emergency room physician who was an...

Perry v. Delisle - 7/12/2005
Present: Chief Judge Fitzpatrick, Judges Benton, Elder, Bumgardner, Frank, Humphreys, Clements, Felton, Kelsey, McClanahan and Haley Argued at Richmond, Virginia UPON REHEARING EN BANC OPINION This matter...

Holley v. Pambianco - 6/9/2005
This appeal in a medical malpractice case concerns the admissibility of evidence tending to prove the inherent risks of the treatment that led to the plaintiff's injury. Facts On November 28, 2000, Danny R. Holley was...

City of Lynchburg v. Brown - 6/9/2005
Code § 15.2-1809 creates immunity from liability for ordinary negligence when a city is sued for personal injury damages resulting from the maintenance of any park or recreational facility. The statute provides, however, that a city...

Couplin v. Payne - 6/9/2005
Deon Eric Couplin, the plaintiff in a personal injury action arising from a collision between his vehicle and a Metropolitan Washington Airport Authority ("MWAA") ambulance driven by the defendant, Aubrey Gill Payne, Jr., appeals...

Auer v. Miller - 6/9/2005
The primary issue in this appeal, one of first impression regarding the interpretation of Code § 8.01-581.18, is whether the trial court erred in granting immunity to a physician pursuant to said Code section. A second issue is...

Hodges v. Commonwealth - 6/7/2005
Kenneth Alonzo Hodges, II (appellant), appeals from his jury trial convictions for murder and use of a firearm in the commission of murder. On appeal, he contends the trial court erroneously (1) admitted certain out-of-court...

Barrett v. Barrett - 4/26/2005
Timothy Martin Barrett (husband) appeals from the final decree of equitable distribution arising out of his divorce from Valerie Jill Rhudy Barrett (wife). On appeal, husband contends that the trial court erred by relying on the...

Jenkins v. Pyles - 4/22/2005
In this personal injury action arising out of a motor vehicle accident, we consider whether the circuit court erred in setting aside a jury verdict in favor of the plaintiff on the ground that the plaintiff was guilty of contributory...

M & S Auto Parts - 4/19/2005
Argued by teleconference OPINION M & S Auto Parts, Inc., and Travelers Indemnity Company of CT (hereinafter collectively employer) appeal a decision of the Workers' Compensation Commission awarding Leonard L....

Staunton Correctional Center/Commonwealth of Virginia v. Sanderson - 4/12/2005
Staunton Correctional Center/Commonwealth of Virginia (employer) appeals a decision of the Workers' Compensation Commission granting Gary L. Sanderson's (claimant) June 14, 2002 change-in-condition application and awarding him...

Jenkins v. Arlington School Board - 3/22/2005
Catherine L. Jenkins (claimant) appeals a decision of the Workers' Compensation Commission. Claimant contends the commission erred in (1) finding she failed to prove she suffered post-concussive syndrome, a head and/or brain injury,...

Green v. Ingram - 3/3/2005
Christie D. Green ("Green") was shot and killed by fragments from a frangible round shot at and through a door when police officers sought to gain entrance to a home to execute a search warrant. Katina Green, the administrator of the...

Drinkard-Nuckols v. Andrews - 1/14/2005
In this medical malpractice action, the plaintiff objected to the introduction of evidence concerning what the defendant doctors expected from other physicians with regard to the handling and communication of the interpretation of an...

Hinkley v. Koehler - 1/14/2005
Elizabeth K. Hinkley filed this medical malpractice action, naming as defendants Anthony J. Koehler, M.D.; Sanam Emami Campbell, M.D.; David J. Roberts, M.D. (collectively, "the defendant doctors"); and their employer Southwest...

Vasquez v. Mabini - 1/14/2005
This appeal presents questions whether expert testimony was erroneously admitted in the trial of a wrongful death case and whether objections to the testimony were waived. Facts and Proceedings The facts will be...

Pettus v. Gottfried - 1/14/2005
In this appeal, we consider whether the circuit court erred in permitting the defendants to introduce into evidence certain deposition testimony of the decedent's treating physicians. On March 17, 2000, plaintiff's decedent,...

Martin v. Ziherl - 1/14/2005
In this appeal we consider whether Zysk v. Zysk, 239 Va. 32, 404 S.E.2d 721 (1990), which disallows tort recovery for injuries suffered while participating in an illegal activity, precludes Muguet S. Martin from maintaining a tort...

Ishtiwi v. Commonwealth - 1/11/2005
Appellant Moneer Ishtiwi appeals his conviction, following a jury trial, for obstruction of justice, in violation of Code § 18.2-460(C). Ishtiwi contends that the trial court erred in denying his motion to strike, arguing that the...

Perry v. Delisle - 11/30/2004
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION The Workers' Compensation Commission ruled that Tom Delisle, trading as R & T Construction, sustained his burden of proving he regularly employs fewer than three people....

Cirrito v. Cirrito - 11/23/2004
Karen Cirrito, wife, appeals from a final decree of divorce from Thomas Cirrito, husband, contending the trial court erred in: (1) finding a payment to husband pursuant to a non-competition clause was separate property; (2)...

Cooper v. Adler - 11/16/2004
Djuana Cooper (Cooper) appeals a decision from the Virginia Workers' Compensation Commission (commission) awarding benefits to her decedent infant son, Amori, pursuant to the Virginia Birth-Related Neurological Injury Compensation...

Chandler v. Graffeo - 11/5/2004
In this appeal from a judgment in a medical-malpractice action, we determine whether the trial court erred in: (1) admitting into evidence the opinion of a Medical Malpractice Review Panel (the Panel) and the testimony of two Panel...

Billups v. Carter - 11/5/2004
Paula Billups (the plaintiff), a prisoner at the Fluvanna Correctional Center for Women (the center), brought an action under 42 U.S.C. § 1983 in the trial court against the Virginia Department of Corrections (VDOC) and Cameron...

Smith v. Irving - 11/5/2004
In this appeal of a judgment in favor of a defendant physician in a medical malpractice action, we consider whether the circuit court abused its discretion in refusing to permit the plaintiff to cross-examine the defendant regarding...

McCloskey v. Kane - 11/5/2004
In this appeal, we decide whether the trial court erred in dismissing the plaintiff's negligence action based upon the doctrine of sovereign immunity. I. Carl F. McCloskey, Administrator of the Estate of John W. McCloskey...

Cowan v. Hospice Support Care - 11/5/2004
In this appeal, we consider whether a plaintiff's claims of gross negligence and willful and wanton negligence against a charity are barred by the doctrine of charitable immunity. For purposes of this appeal, the facts relevant...

Midway Trucking - 2/17/2004
Midway Trucking, Inc. and its insurer (hereinafter referred to as "employer") appeal the decision of the Workers' Compensation Commission granting Ron Edward Kelley's (claimant) change-in-condition claim and awarding him temporary...

Parkview Nursing and Rehabilitation Center v. Hickman - 12/23/2003
MEMORANDUM OPINION Parkview Nursing and Rehabilitation Center and its insurer (hereinafter referred to as "employer") contend the Workers' Compensation Commission erred in finding that Audrey Dorethea Hickman (claimant) proved...

Norton Community Hospital - 12/23/2003
MEMORANDUM OPINION Norton Community Hospital and its insurer (hereinafter referred to as "employer") contend the Workers' Compensation Commission erred in finding that Christina Marie Sexton (claimant) proved that (1) her...

Sample v. Commonwealth - 12/9/2003
A jury found Albert Wayne Sample guilty of possession of Oxycodone, a Schedule II controlled substance, with intent to distribute in violation of Code § 18.2-248(C). On appeal, Sample contends that the evidence fails, as a matter of...

Covington v. Commonwealth - 11/25/2003
Orlando Lawrence Covington, Sr. appeals his bench trial conviction for second-degree murder. He argues the evidence is insufficient to support his conviction because it fails to prove malice or an intent to harm. For the reasons that...

Clinchfield Coal Co. v. Jordan - 11/25/2003
Clinchfield Coal Company (employer), contends the Workers' Compensation Commission (commission) erred in finding that Roger Jordan (claimant) proved a change in condition and was entitled to an award of temporary total disability...

Ryland v. Manor Care - 10/31/2003
This appeal involves a chancery suit brought under the provisions of Code § 8.01-248(D) and challenges the circuit court's judgment setting aside a default judgment. Because we cannot say that the court's judgment was plainly wrong...

Lewis v. C.J. Langenfelder & Son - 10/31/2003
In this appeal, the dispositive issue is whether this Court has jurisdiction over the case in light of the removal of the action to a federal district court. The removal occurred after the state trial court dismissed a claim filed...

Herndon v. St. Mary's Hospital - 10/31/2003
In this appeal, we consider whether Code § 8.01-8 authorizes parents to bring an action in their own name as next friend of their minor child. We will state the facts relevant to this appeal. Matthew McNeil Herndon is the son...

Honsinger v. Egan - 9/12/2003
Present: All the Justices In this appeal, we consider whether the trial court erred in refusing to grant certain jury instructions proffered during the trial of a personal injury lawsuit. BACKGROUND This case arose...

Smalls v. Bell Corporation of Rochester - 6/17/2003
MEMORANDUM OPINION Marcus Anthony Smalls (claimant) contends the Workers' Compensation Commission erred in finding that he failed to prove that (1) he could not return to his pre-injury work without restrictions after April 30,...

Government Employees Insurance Co. v. Moore - 6/6/2003
PRESENT: ALL THE JUSTICES This case arises from the parties' declaratory judgment actions in the Circuit Court of Fairfax County seeking a determination of Government Employees Insurance Company's ("GEICO") liability under a...

Fowler v. Winchester Medical Center - 6/6/2003
PRESENT: All of the Justices In this appeal, we consider whether a suit for wrongful death brought by a nonresident party who, at the time the suit was filed, was not qualified as a personal representative in Virginia or any...

Yellow Freight Systems - 6/6/2003
Present: All the Justices In this appeal, we consider whether the trial court properly ruled that a petition filed under Code § 65.2-310 in a civil action by an employer seeking to enforce subrogation rights for workers'...

Afton Inn v. Pforr - 3/11/2003
MEMORANDUM OPINION Afton Inn and its insurer (hereinafter referred to as "employer") contend the Workers' Compensation Commission erred in finding that Susan I. Pforr (claimant) proved that Dr. Ron Lowman's chiropractic...

Davis v. Marshall Homes - 2/28/2003
I. In this appeal, we consider whether the doctrine of res judicata bars a plaintiff's action to recover damages because of the defendants' alleged failure to pay deed of trust notes when the plaintiff had unsuccessfully filed a...

Shepherd v. Smith - 2/28/2003
In this appeal, we consider whether the trial court erred by granting the defendant's motion to set aside a plaintiff's verdict on the ground that the verdict was inadequate as a matter of law because it was less than the plaintiff's...

Hash v. Motivation Coal Co. - 2/25/2003
MEMORANDUM OPINION Kenneth R. Hash (claimant) contends the Workers' Compensation Commission erred in finding that he failed to prove that he sustained an injury by accident arising out of and in the course of his employment in...

Center for Obstetrics and Gynecology - 2/11/2003
MEMORANDUM OPINION The Center for Obstetrics and Gynecology, Inc. ("the Center") appeals from a decision of the Workers' Compensation Commission awarding benefits pursuant to the Virginia Birth-Related Neurological Compensation...

Fairfax County School Board v. Fish - 11/19/2002
MEMORANDUM OPINION The Fairfax County School Board (employer) appeals from a decision of the Workers' Compensation Commission (the commission) holding that Sally R. Fish (claimant) is entitled to medical benefits for ongoing...

Clark v. Daniels - 11/5/2002
MEMORANDUM OPINION Robert Douglas Clark (claimant) contends the Workers' Compensation Commission erred in finding that his cervical and left knee conditions, and subsequent need for surgery, were not causally related to his...

Universal Living and Commonwealth Contractors Group Self-Insured Association v. Stalcup - 9/24/2002
MEMORANDUM OPINION Universal Living and its insurer (hereinafter referred to as "employer") contend the Workers' Compensation Commission erred in denying its application alleging a change in condition on the ground that employer...

In re Hopeman Brothers - 9/18/2002
Upon a Petition for a Writ of Mandamus Upon consideration of the petition for writ of mandamus, papers filed in this proceeding, and argument of counsel, the Court is of opinion that the writ of mandamus shall not issue. ...

Mohajer v. Commonwealth - 9/17/2002
Argued at Alexandria, Virginia Vahid Mohajer appeals his convictions by a jury of forcible sodomy and animate object penetration. Mohajer contends the trial court erred (1) in allowing the Sexual Assault Nurse Examiner ("SANE")...

May v. Caruso - 9/13/2002
In this appeal, we consider whether the trial court erred in excluding certain evidence proffered by the plaintiff in a medical malpractice action. The trial court ruled that the plaintiff had not satisfied the requirements of the...

Perdieu v. Blackstone Family Practice Center - 9/13/2002
In this appeal, we consider whether the trial court erred in refusing to qualify three of the plaintiff's proposed expert witnesses. We further consider whether the trial court erred in granting the defendants' motions to strike at...

United Parcel Service v. Jones - 8/27/2002
MEMORANDUM OPINION United Parcel Service and its insurer (hereinafter referred to as "employer") contend the Workers' Compensation Commission erred in finding that (1) employer failed to prove that Melinda B. Jones (claimant)...

Melkersen v. New Market MetalCraft - 8/6/2002
Argued at Alexandria, Virginia MEMORANDUM OPINION Ole Melkersen appeals a decision of the Workers' Compensation Commission denying him benefits for an injury to his back, sustained in the course of his employment....

Alexandria Hospital v. Munjal - 8/6/2002
Argued at Alexandria, Virginia MEMORANDUM OPINION Alexandria Hospital and INOVA Health System Foundation, Inc. ("employer") appeal a decision of the Workers' Compensation Commission awarding Meena Munjal benefits for...

Sawyer v. Comerci - 6/7/2002
Present: All the Justices In this appeal of a judgment entered in favor of a physician in a medical negligence action, we consider whether the circuit court erred in granting a contributory negligence instruction, whether the...

Burch v. Hechinger Co. - 6/7/2002
Present: All the Justices In this personal injury action, the question on appeal is whether the plaintiff-appellant was a statutory employee of the defendant- appellee when she was injured. Because we answer that question...

Nationwide Mutual Insurance Co. v. Smelser - 6/7/2002
PRESENT: All the Justices UPON A QUESTION 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...

Johnson v. Raviotta - 6/7/2002
Present: All the Justices In this appeal from an adverse judgment in a medical malpractice case, Oscar Johnson, administrator of the estate of Cynthia Y. Bell, claims that certain evidence did not meet the corroboration...

Caplan v. Bogard - 6/7/2002
PRESENT: All the Justices In this appeal of a personal injury action, we consider whether the trial court erred when it instructed the jury that the entrance to a restaurant parking lot was a "highway" within the meaning of Code...

City of Richmond v. Holt - 6/7/2002
PRESENT: All the Justices In this appeal of a judgment in favor of a plaintiff in a personal injury action, the primary issue is whether the evidence was sufficient to establish constructive notice to a municipality of a defect...

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...

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