Negligence – Construction Worker – Independent Contractor 
By Deborah Elkins
Published: June 25, 2010
Tags: Judge Charles E. Poston, Negligence, Roanoke County Circuit Court, Virginia Circuit Courts
A landowner who hired an independent contractor to dig under a highway right-of-way, with VDOT permission, to connect a waterline to a business, cannot be sued for negligence in the death of a sub’s construction worker, who was killed when two defendant drivers in separate vehicles drove past a flagman and into the lighted construction [...]
Wills & Trusts – Decedent’s Promise – No Writing
By Deborah Elkins
Published: May 28, 2010
Tags: Judge James R. Swanson, Roanoke County Circuit Court, Virginia Circuit Courts, Wills & Trusts
A plaintiff may enforce an alleged oral agreement with his father to leave the family home to plaintiff in exchange for plaintiff caring for his father for the rest of his life, says a Roanoke County Circuit Court. The evidence showed that the father was a large man who could be argumentative and cantankerous. Some [...]
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 [...]
Insurance coverage keys settlement in death case – $2,662,654 Settlement
By Virginia Lawyers Weekly
Published: January 18, 2010
Tags: Judge Robert P. Doherty Jr., Roanoke County Circuit Court, Wrongful Death
On Dec. 4, 2005, plaintiff’s decedent, a 73-year-old retired woman, was a passenger in a Chevrolet automobile hauling a camper headed northbound on Interstate 81 near Roanoke, en route to New York. A Freightliner tractor, operated by the defendant and owned by his employer, was pulling a flatbed trailer leased by Duckett Truck Leasing. The [...]
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