Legal Opinion

Portsmouth Redevelopment & Housing Authority v. BMI Apartments Associates

District Court, E.D. Virginia

Decided May 10, 1994No. Civ. A. No. 2:93CV242PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

DAVIDSON, District Judge.

This medical malpractice ease came before the undersigned for trial in February of this year. The pleadings and trial transcript will show that the court was faced with several choice of law issues. Notably, the choice of law questions presented competing choices between true contributory negligence (complete bar to recovery), versus comparative fault principles (which merely reduce recovery by a percentage of plaintiffs negligence); and, the application or nonapplication of a statutory cap on noneconomic damages.

The record in this case will reveal…

2Cases cited18 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Murphy v. EdmondsCourt of Appeals of Maryland · 1992
  4. Mitchell v. CraftMississippi Supreme Court · 1968
  5. Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991

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3Cited by6 opinions

  1. Kingdom v. JacksonCourt of Appeals of Washington · 1995
  2. In re God's Mercy, LLCDistrict Court, E.D. Virginia · 2018
  3. Austin Investment Fund LLC v. United StatesDistrict Court, District of Columbia · 2011
  4. Johnson v. HolmesDistrict Court, W.D. Virginia · 2022
  5. Portsmouth Redevelopment v. BMI APTS. ASSOCIATESDistrict Court, E.D. Virginia · 1994

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