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SIGNIFICANT CASE SUMMARIES Virginia Case Summary Rodrigue v. Butts-Franklin Virginia Court of Appeals No. 1521-22-1 Decided: January 30, 2024 Evidence that Plaintiff increased the likelihood of injury is not sufficient to warrant a jury instruction for Plaintiff’s failure to mitigate damages. Background In 2016, Dr. Rodrigue performed surgery on Butts-Franklin’s wrist. Following the surgery, Dr…. read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary United Cont’l Holdings, Inc. v. Sullivan Court of Appeals of Virginia No. 0164-23-4, 2024 Va. App. LEXIS 32 Decided: January 23, 2024 Under the extended premises doctrine, an employee’s injuries occurred in the course of her employment where the injuries occurred on a walkway that was an essential means… read more

Thomas, Thomas & Hafer is pleased to announce that Sean H. Pico has joined the firm as an associate in the Richmond, VA office.  Sean is a member of the firm’s general liability practice group.  He joins TT&H with experience in trucking and transportation law, FELA and railroad defense, and business and corporate transactions. TT&H… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Brown v. Kirkpatrick Virginia Court of Appeals No. 1100-22-1 Decided: December 19, 2023 An insurance carrier’s waiver of subrogation rights does not divest the carrier of the right. Background In April 2022, a jury awarded Michael Brown a judgment for $286,000 against Timothy Kirkpatrick for damages arising from a… read more

SIGNIFICANT CASE SUMMARIES Virginia Case Summary Clutteur v. Rosier Virginia Court of Appeals No. 0104-22-3 Decided: October 31, 2023 The failure to timely substitute a personal representative for a deceased defendant renders the action a legal nullity with no legal effect. Background In January of 2017, Plaintiff was allegedly injured in a car accident with… read more