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Author Archives: Deborah Elkins

Psst! There’s an insurance policy

You know they want to know, and you know they won’t hesitate to speculate. That’s right, we’re talking about whether a party has insurance coverage and what difference it will make to a jury’s verdict. But Big Stone Gap U.S. ...

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Medical Malpractice – Limitations – Continuous Treatment Rule – Cancer Diagnosis (access required)

In this med-mal case alleging that defendant radiology practice negligently performed and interpreted various radiological studies from December 2002 to October 2005, a Richmond Circuit Court sustains defendant’s plea of the statute of limitations, finding that defendants’ treatments were single, ...

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No trailer coverage for $1.7M judgment (access required)

A woman who won a $1.7 million award in her auto-accident case cannot collect under an insurance policy endorsement that covered the trailer being hauled on State Route 15 in Loudoun County. The endorsement at issue, the MCS-90, is intended ...

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Domestic Relations – Equitable Distribution – Wife’s Mental Capacity (access required)

A trial court did not err in sustaining wife’s exception to a commissioner’s report finding that she had the mental capacity to enter into a separation agreement, after wife’s brain surgery in 1999, and the Court of Appeal affirms a ...

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Criminal – Conspiracy – Robbery – Victim Identity (access required)

The Court of Appeals upholds defendant’s conviction for attempted robbery and related crimes, despite his appellate claim that the evidence was insufficient to convict him of the crimes, in the absence of the inadmissible hearsay testimony of Rachel Morales proving ...

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Workers’ Comp – Constructive Fraud – Knee Injury (access required)

The Court of Appeals affirms a commission decision reinstating a prior award of temporary total disability benefits to a claimant who injured her knee, as the commission found insufficient proof of constructive fraud. Here, claimant did not withhold information, nor ...

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Criminal – Cocaine Possession – Prior Robbery Conviction (access required)

At defendant’s trial for cocaine possession, it was not harmless error when the trial court allowed the prosecutor, on cross-examination, to elicit evidence about the nature of defendant’s prior conviction for robbery, rather than simply the fact of his felony ...

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Search & Seizure – Traffic Stop – Marijuana – Intent To Distribute (access required)

A police officer did not violate the Fourth Amendment after a lawful traffic stop when he detained defendant briefly while he ran his passenger’s name through state databases, and the Court of Appeals upholds defendant’s conviction for possession of marijuana ...

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