Legal Question in Civil Litigation in Virginia

On 3/18/2007 my commercial retail jewelery store suffered damage from the shooting galary beside us. I wanted to file a product liability suit against the company that makes the backstops in the firing range as this was were the two-alarm fire begun. I hired an attorney who did nothing on the case and now the 2 year statue of limitation has expired. I have filed an errors and omissions lawsuit against the attorney for malpractice, however, I also wish to file a suit against the owner of the business and the landlord of the shopping ctr. I have filed against the attorney $47, 107.00 (the total amount of damages). How much can I file legally against the store owner and landlord without getting into double indemity? Business dropped so badly after the fire and having a vacant store beside me for 3 yers that I was forced to relocate. Can I file for moving expenses, etc...?


Asked on 11/03/10, 8:33 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

As a general rule in lawsuits for civil damages, the plaintiff doesn't

worry much about issues such as "double indemnity" but names any and all persons and/or entities in his complaint which might have liability for his losses. (Who pays what---if anything-- can be sorted out during the course of the lawsuit or after judgment is entered should the plaintiff prevail.)

From your facts presented, however, it remains unclear as to the theories you

would present in support of your proposed lawsuits against the business owner and the landlord of the shopping mall and whether these causes of action might also be subject to a two year statute of limitation which apparently may have already expired.

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Answered on 11/09/10, 6:37 am


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