Liability Admitted, But no Additur for $0 Verdict 
By Deborah Elkins
Published: May 9, 2011
Tags: Civil Procedure, Judge Charles N. Dorsey, Roanoke Circuit Court, Virginia Circuit Courts
A Roanoke City Circuit Court denies plaintiff’s motion for additur in this case in which liability was admitted but plaintiff pleaded no special damages and the jury awarded $0.00. In Bowers v. Sprouse, 254 Va. 428 (1997), the Supreme Court of Virginia said a jury award that compensates a plaintiff for the exact amount of [...]
Lawyer who paid son’s tuition from trust account disbarred
By Peter Vieth
Published: April 18, 2011
Tags: Judge Charles N. Dorsey, Lawyer Discipline, Virginia State Bar
A lawyer in Salem who paid his son’s school tuition directly from his trust account has agreed to the revocation of his law license. Steven F. Helm consented to revocation based on Virginia State Bar reports that his trust account “was overdrawn for insufficient funds on several occasions,” that payments to be made on behalf [...]
Negligence – Slip & Fall – Sidewalk Defect
By Deborah Elkins
Published: November 19, 2010
Tags: Judge Charles N. Dorsey, Negligence, Roanoke Circuit Court, Virginia Circuit Courts
A Roanoke City Circuit Court denies summary judgment to defendant city in this suit by a mother who fell and was injured as she was attempting to prevent her child from tripping over the alleged six-inch gap in a city sidewalk; the city’s use of plaintiff’s deposition alone supports denial of the city’s motion. Defendant [...]
Real Estate – Condemnation – Billboard Lease
By Deborah Elkins
Published: October 14, 2010
Tags: Judge Charles N. Dorsey, Real Estate, Roanoke Circuit Court, Virginia Circuit Courts
A Roanoke City Circuit Court denies a petition to dismiss this condemnation proceeding filed by the Roanoke Redevelopment and Housing Authority, filed after the RRHA entered into a settlement agreement with the property owners for $2.9 million, for their conveyance of the property to RRHA, subject to a lease with Lamar Company for its billboard [...]
Civil Procedure – Venue – Witness Convenience – Deposition Restrictions
By Deborah Elkins
Published: October 5, 2010
Tags: Civil Procedure, Judge Charles N. Dorsey, Roanoke County Circuit Court, Virginia Circuit Courts
In this declaratory judgment action, a Roanoke County Circuit Court denies a transfer of venue to Henrico Circuit Court on the basis of the “forum non conveniens” statute. This suit is a declaratory judgment action by Osage Inc. against Spruill and Garwood who are purportedly 50 percent owners of Osage. Defendant Spruill resides in Roanoke [...]
Insurance – Fire Loss – Ownership Interest
By Deborah Elkins
Published: July 22, 2010
Tags: Insurance, Judge Charles N. Dorsey, Roanoke Circuit Court, Virginia Circuit Courts
A plaintiff has failed to prove he owned more than a 50-percent interest in a rental property damaged by fire, and a Roanoke City Circuit Court says he may only recover $31,326.60, less his $1,000 deductible. The insurer initially denied coverage on three grounds: plaintiff intentionally caused the fire to be set, he failed to [...]
Civil Procedure – Appeal Bond – Unlawful Detainer
By Deborah Elkins
Published: May 18, 2010
Tags: Civil Procedure, Judge Charles N. Dorsey, Roanoke County Circuit Court, Virginia Circuit Courts
Although a general district court order in this unlawful detainer appeal says no appeal bond was required “per Judge,” the Roanoke County Circuit Court says absent an appeal bond, it has no jurisdiction, and the appeal is dismissed. The Roanoke County General District Court entered judgment for plaintiff on an unlawful detainer for possession of [...]
Municipal – Negligence – Officer Pursuit – UM Coverage
By Deborah Elkins
Published: May 11, 2010
Tags: Judge Charles N. Dorsey, Municipal, Roanoke Circuit Court, Virginia Circuit Courts
A police officer exercised discretion when he rapidly responded to a 911 call about a man high on crack and armed with a knife; the officer and the City of Roanoke are immune but stay in this auto-accident suit so plaintiff can pursue UM coverage, says a Roanoke City Circuit Court. In this case, the [...]
Sponge left in patient during breast augmentation surgery – $800,000 Settlement
By Virginia Lawyers Weekly
Published: February 8, 2010
Tags: Judge Charles N. Dorsey, Medical Malpractice, Roanoke Circuit Court
A 38-year-old female underwent a breast lift and augmentation. The procedure was complicated by a retained sponge, which led to infection and additional operations. Plaintiff alleged that the surgeon and clinic violated the standard of care by leaving a foreign object in the breast cavity, resulting in additional expenses and scarring. Defendant contended that the [...]
Contract – Repayment Contract – Assignee’s Right
By Deborah Elkins
Published: February 1, 2010
Tags: Contract, Judge Charles N. Dorsey, Roanoke Circuit Court
The daughter of a creditor owed repayment with interest of a $25,000 debt from 1991 can sue as assignee on the defendant debtors’ Repayment Contract distributed to the plaintiff daughter as part of the estate after her mother’s death in 2003, says a Roanoke City Circuit Court. Terming a document a “contract” or a “note” [...]
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