Virginia: Special Cases – a Lawyer’s Burns

Virginia: Special Cases – a Lawyer’s Burns

On December 23, 2015, Roanoke Division of United States District Court for the Western District of Virginia entered 13-page Memorandum Opinion in Hodges v. Federal-Mogul Corporation, No. 7:12-cv-00362, on remand from United States Court of Appeals for the Fourth Circuit, which vacated its award of summary judgment. This time the Judge in the product liability action for personal injuries arising out of facility explosion denied summary judgment on proximate cause, intervening cause, and contributory negligence, finding disputed material issues of fact and expert opinions presented questions for the jury, at least at this stage of the litigation.