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SIGNIFICANT CASE SUMMARIES Virginia Case Summary Davis v. Wal-Mart Assocs. 80 Va. App. 526, No. 0503-23-3 Court of Appeals of Virginia Decided April 2, 2024 Claimant did not sustain an injury by accident when he could not prove a structural or mechanical change in his body where the treating doctor reviewed pre and post-accident MRI… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary David Duff, II v. Kanawha County Commission Supreme Court of Appeals of West Virginia No. 23-43 Decided: April 22, 2024 Supreme Court addresses employers’ burden in proving “definitely ascertainable impairment” in impairment rating cases. Background This case involved a low back injury, with the Claimant undergoing fusion surgery…. read more

SIGNIFICANT CASE SUMMARIES Federal Case Summary Hazen v. Woodloch Pines Resort United States District Court for the Middle District of Pennsylvania No. 3:21-CV-00174 Decided: February 16, 2024 Defendant’s Motion for Summary Judgment pursuant to assumption of risk doctrine denied where Plaintiff lacked awareness of “specific risk” and were genuine issue of material fact existed as… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Hangey v. Husqvarna Prof’l Prods., Inc. Pennsylvania Supreme Court No. 14 EAP 2022 Decided: November 22, 2023 Lawsuit against lawnmower manufacturer was properly venued in Philadelphia County where company had authorized dealer in Philadelphia who did regular business there. Background This case arises out of a lawnmower accident. Ronald… read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary Beahm v. Erie Ins. Exch. Maryland Appellate Court No. 1832, September Term 2022 Decided: January 30, 2024 Plaintiff, as an individual, was not entitled to coverage under his corporation’s automobile liability insurance policy, and Plaintiff failed to produce evidence that the insurer owed the necessary duty of care for… read more