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 County [...]
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 cooperate [...]
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 premises [...]
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 parties [...]
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 surgeon was [...]
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” is [...]
Insurance – Fire Coverage – Bad Faith Claim – Severance
By Deborah Elkins
Published: January 4, 2010
Tags: Insurance, Judge Charles N. Dorsey, Roanoke Circuit Court
A Roanoke City Circuit Court grants an insurer’s motion to sever an insured’s claim for bad faith, which is premature when there has been no judgment entered against the insured on his claim for coverage under a fire policy.
The court also denies the insured’s motion in limine to exclude evidence obtained by the carrier, State [...]
Medical Malpractice – Subpoena – Attorney-Client Privilege
By Deborah Elkins
Published: December 21, 2009
Tags: Judge Charles N. Dorsey, Medical Malpractice, Roanoke Circuit Court
A med-mal plaintiff cannot have documents from the physician-president of defendant doctor’s current practice group that are protected by the work-product doctrine, including e-mail communications between the president, defendant and defendant’s lawyer, but plaintiff may subpoena materials not covered by the attorney-client privilege or the “common interest” doctrine, says a Roanoke City Circuit Court.
Defendant filed [...]
Real Estate – Quiet Title Action – First Refusal Right
By Deborah Elkins
Published: December 14, 2009
Tags: Judge Charles N. Dorsey, Real Estate, Roanoke Circuit Court
Although Pannell, one tenant in common, of a three-address parcel in Roanoke City contracted to sell his interest to his lessee Ibrahim and Pannell and his co-tenant Banks both contracted with Banks’ lessee Albosaber to sell the entire property, a Roanoke City Circuit Court says the contract from Pannell to Ibrahim takes precedence over Pannell’s [...]
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