Fairfax needs judges 
By Peter Vieth
Published: February 4, 2013
Tags: Bar Associations, Fairfax County Circuit Court, General Assembly, Gov. Bob McDonnell, Judge Dennis J. Smith, Judge Jonathan M. Apgar, Judge Robert P. Doherty Jr., Roanoke Circuit Court
Lawyers and legislators from various Virginia locales, including populous Fairfax County, say Gov. Bob McDonnell missed the mark when he proposed money to fill certain judgeships. The governor overlooked areas badly in need of judicial help, in part because the available caseload numbers are unreliable, Fairfax lawyers say. Other regions – including Arlington, Charlottesville, Roanoke, [...]
Injured railroad worker sought wage loss recovery under FELA – $4,500,000 Verdict
By Virginia Lawyers Weekly
Published: February 27, 2012
Tags: Judge Jonathan M. Apgar, Million-Dollar Verdicts, Personal Injury, Roanoke Circuit Court
On June 13, 2008, Kirk Davis was working as a Remote Control Operator (RCO) in the Roanoke Material Yard when he tripped on a railroad tie, severely twisting his right ankle. His accident was not witnessed. The tie on which he tripped was supporting a stack of rail that was being stored next to the [...]
Railroad employee wins $4.5M for foot injury
By Peter Vieth
Published: February 22, 2012
Tags: Judge Jonathan M. Apgar, Million-Dollar Verdicts, Personal Injury, Roanoke Circuit Court
A Roanoke jury awarded $4.5 million this month to a 43-year-old former railroad worker who claimed his on-the-job foot injury led to permanent pain and disability. The Feb. 17 verdict came at the end of a five-day trial in Kirk Davis’ suit against the Norfolk Southern Railway in Roanoke City Circuit Court. Davis was a [...]
Tort – Defamation – ER Treatment – ‘Euthanized’ Patient
By Deborah Elkins
Published: December 28, 2010
Tags: Judge Jonathan M. Apgar, Roanoke Circuit Court, Tort, Virginia Circuit Courts
A contract anesthesiologist can sue a hospital and its house trauma surgeon for defamation for telling the anesthesiologist, “you just euthanized my patient,” and communicating that statement to other hospital staff; but the other comments made by the surgeon were statement of opinion and are not actionable, says a Roanoke City Circuit Court. Both plaintiff [...]
Doc v. doc: Defamation claim follows patient’s death
By Peter Vieth
Published: December 28, 2010
Tags: Defamation, Judge Jonathan M. Apgar, Roanoke Circuit Court
Accusations of bad medical practice spilled from the operating room to the courtroom in a Roanoke case now headed for trial. A doctor who claims he was accused of “euthanizing” a patient gets to try his $2.35-million defamation case against the doctor who allegedly made the statement, after a judge’s ruling last month. Roanoke Circuit [...]
Tort – Prison Guard – Defense By State
By Deborah Elkins
Published: November 12, 2010
Tags: Judge Jonathan M. Apgar, Roanoke Circuit Court, Tort, Virginia Circuit Courts
A state prison guard being sued in a federal complaint alleging abusive treatment of inmates is entitled to a defense provided by the commonwealth, and a Roanoke City Circuit Court grants summary judgment to plaintiff prison guard on this point. Turning to the allegations of the federal complaint, wherein plaintiff is among the defendants, while [...]
Contract – School Construction – Sub Claim – Attorney’s Fees
By Deborah Elkins
Published: August 27, 2010
Tags: Contract, Judge Jonathan M. Apgar, Roanoke Circuit Court, Virginia Circuit Courts
Although a contractor’s 2006 request for attorney’s fees did not specify the basis upon which it relied in requesting fees under its subcontract with a masonry company who lost its suit for higher contract payments, a Roanoke City Circuit Court says S.Ct. Rule 3:25 does not apply retroactively, and the contractor has not waived its [...]
State must defend ex-guard in ‘pranks’ lawsuit, for now
By Peter Vieth
Published: August 23, 2010
Tags: Judge Jonathan M. Apgar, Roanoke Circuit Court, Tort
The commonwealth may be forced to provide a defense for a former prison guard accused in a lawsuit of playing cruel pranks on an inmate, even though state officials claim the alleged mistreatment was outside the scope of the guard’s employment. In a declaratory judgment action, Roanoke Circuit Judge Jonathan M. Apgar turned aside the [...]
Tort – Correctional Officer – Risk Management
By Deborah Elkins
Published: August 20, 2010
Tags: Judge Jonathan M. Apgar, Roanoke Circuit Court, Tort, Virginia Circuit Courts
A Roanoke City Circuit Court says a correctional officer being sued in federal court by a former inmate for assault and battery, who claims the assaults occurred with the defendant warden’s knowledge, has stated a claim for defense against the commonwealth under the Division of Risk Management, that will become ripe for adjudication when DRM [...]
Permanent discomfort results from leg broken in collision – $70,000 Verdict
By Virginia Lawyers Weekly
Published: July 19, 2010
Tags: Judge Jonathan M. Apgar, Personal Injury, Roanoke Circuit Court
The plaintiff driver suffered a broken leg when his vehicle was struck on the driver side by a car that ran a stop sign. His medical expenses were relatively low because the fracture was non-displaced and did not require surgery, a permanent cast or therapy. The decision was made to not put the plaintiff’s medical [...]
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