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, 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 conductor/engineer for [...]
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 and [...]
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 Judge Jonathan [...]
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 the [...]
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 commonwealth’s [...]
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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