Student Sues for School Mold Exposure 
By Deborah Elkins
Published: February 7, 2012
Tags: Judge Rodham T. Delk Jr., Negligence, Suffolk Circuit Court, Virginia Circuit Courts
A plaintiff who alleges injuries from exposure to toxic mold at his school when he entered kindergarten in 2007 may sue the school board and the school system’s two officials responsible for facilities and maintenance for fraud and gross negligence, but the Suffolk Circuit Court sustains defendants’ plea of sovereign immunity to plaintiff’s claims for [...]
No Chinese Drywall Claims Against Agent, Supplier
By Deborah Elkins
Published: October 21, 2011
Tags: Judge Rodham T. Delk Jr., Products Liability, Suffolk Circuit Court, Virginia Circuit Courts
Plaintiffs alleging injuries from defective Chinese drywall used in their home built in 2007 have not stated claims for breach of contract, negligence or violations of the Virginia Consumer Protection Act against the realty company that listed the house or the supply company that sold some of the drywall used in the home; the Suffolk [...]
Patient dies after surgery for hepatitis and gallstones – Defense Verdict
By Virginia Lawyers Weekly
Published: May 2, 2011
Tags: Judge Rodham T. Delk Jr., Medical Malpractice, Suffolk Circuit Court
Patient went to the emergency department at Southampton Memorial Hospital on March 25, 2008, with a complaint of abdominal pain, mainly on the right side. Patient was evaluated in the emergency department and then admitted to the hospital for acute biliary attack. A consulting gastroenterologist saw the patient the next day, and his assessment was [...]
Controlling your case can mean curbing judge’s queries
By Peter Vieth
Published: November 5, 2010
Tags: Judge B. Waugh Crigler, Judge Rodham T. Delk Jr., Practice Tips
One trial judge gives a green light to lawyers wondering whether to interrupt a judge’s questioning of a trial witness if they think the judge’s questions are improper. U.S. Magistrate Judge B. Waugh Crigler was offering advice on trial practice to local government lawyers in Roanoke last month when one lawyer asked what to do [...]
Patient dies from sepsis after pocket of fluid bursts – $750,000 Verdict
By Virginia Lawyers Weekly
Published: March 8, 2010
Tags: Judge Rodham T. Delk Jr., Medical Malpractice, Suffolk Circuit Court
On July 28, 2007, the 72-year-old decedent underwent a gastrograffin enema procedure under fluoroscopy by the defendant radiologist. The purpose for the procedure was to inspect an anastomosis that had a suspected leak in the small bowel. An earlier CT scan of the pelvis showed fluid that had collected and was closed and not freely [...]
Patient has pancreas removed after gall bladder operation – Defense Verdict
By Virginia Lawyers Weekly
Published: February 15, 2010
Tags: Judge Rodham T. Delk Jr., Medical Malpractice, Southampton County Circuit Court
The plaintiff, then age 71, was admitted to Southampton Memorial Hospital on May 15, 2004. A diagnosis of gallstone pancreatitis was made and the defendant was consulted regarding a possible cholecystectomy. After consultation with a gastroenterologist, the defendant decided to wait six weeks to give plaintiff’s pancreas time to recover. A pre-operative CT performed on [...]
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