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Slip and Fall Cases in Virgina Get Even Tougher
Posted on Sep 01, 2009
A Federal Judge has ruled that a slip and fall lawsuit that did not allege
(1) how the victim slipped and fell:
(2) what the nature of the liquid on the floor was;
(3) an allegation that the liquid caused the fall;
(4) specific allegations as to what injuries she suffered
has her case dismissed.
In the case, Judge Norman Moon, in Lynchburg, ruled that the lady could refile her case with better allegations.
I've attached this slip and fall opinion here. The problem, with my view, is that Judge Moon (very respected jurist) seems to be looking at this case as though all of the evidence is in....not as an initial pleading. Even very diligent lawyers aren't going to know all of the facts of a case like this before they file it.. That's why there is "discovery" in lawsuits.
This case may have a very chilling effect on lawsuits in Virginia. Some will say that's a good idea. It looks to me like we are reversing hundreds of years of Virginia jurisprudence....
Just my opinion.
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