Wise County Circuit Court | Virginia Lawyers Weekly

Funeral Attendee Not VFW Agent

By Deborah Elkins
Published: May 14, 2013
Tags: Judge Chadwick S. Dotson, Tort, Virginia Circuit Courts, Wise County Circuit Court

Plaintiffs have not shown that an individual defendant was acting as an agent of the local or national Veterans of Foreign Wars organizations when he attended funerals, and the Wise County Circuit Court dismisses plaintiffs’ complaint on defendants’ plea in bar. The party asserting a plea in bar bears the burden of proof on the [...]

E-filing market open with new app

By Peter Vieth
Published: April 24, 2013
Tags: Accomack County Circuit Court, Arlington County Circuit Court, E-filing, Justice Cynthia D. Kinser, Norfolk Circuit Court, Petersburg Circuit Court, Scott County Circuit Court, Supreme Court of Virginia News, Virginia Beach Circuit Court, Wise County Circuit Court

After years of delay and planning, a Virginia Supreme Court-designed electronic filing system is finally rolling out this month, as other courts cautiously dip toes in the water by using private vendors to provide the interface between the courthouse and users. The court’s launch of its own e-filing system puts the court in competition with [...]

Plaintiff claimed post-surgery wound was a pressure ulcer – Defense Verdict

By Virginia Lawyers Weekly
Published: September 10, 2012
Tags: Judge John C. Kilgore, Medical Malpractice, Million-Dollar Defense Verdicts, Wise County Circuit Court

In September 2008, plaintiff injured his knee. After his doctors cleared him for surgery, Dr. Russ performed a total knee replacement at Lonesome Pine Hospital on June 1, 2009. The knee replacement was successful. After plaintiff’s epidural block was removed, plaintiff began to complain of pain in his buttocks. The parties disputed when plaintiff began [...]

Court Won’t Apply ‘Notice’ Requirements

By Deborah Elkins
Published: July 5, 2012
Tags: Civil Procedure, Judge Chadwick S. Dotson, Virginia Circuit Courts, Wise County Circuit Court

A Wise County Circuit Court says Tennessee notice requirements do not apply in this personal injury suit against a cardiology practice group, as choice-of-law rules make clear that Virginia law governs this case. Since plaintiff filed this action in Virginia, the court applies Virginia choice of law provisions. Case authority makes clear that Virginia law [...]

Plaintiff fell from platform while attempting to extinguish fire – Confidential Settlement

By Virginia Lawyers Weekly
Published: April 16, 2012
Tags: Personal Injury, Products Liability, Wise County Circuit Court

Plaintiff was a 56-year-old heavy equipment operator. He had approximately 30 years of experience operating large bulldozers. On the night of the incident, plaintiff was pushing shot at a coal mine with a Caterpillar D10T bulldozer, when the bulldozer caught fire. Plaintiff trammed the machine to a level area and turned it off. Plaintiff went [...]

Same-Sex Status Not Deterrent to Foster Custody

By Deborah Elkins
Published: March 28, 2012
Tags: Domestic Relations, Judge Chadwick S. Dotson, Virginia Circuit Courts, Wise County Circuit Court

Although petitioners, a committed lesbian couple, served as outstanding foster parents until recent events, the Wise County Circuit Court cannot disregard the recent founded complaint of abuse and two criminal charges arising from one petitioner’s corporal punishment of her partner’s eight-year-old son, and the court finds it’s in the best interests for the child to [...]

Using tablet computers in the courtroom

By Peter Vieth
Published: November 7, 2011
Tags: Arlington County Circuit Court, Technology, Wise County Circuit Court

Like iPad evangelists, two lawyers from opposite ends of Virginia are extolling the virtues of Apple’s tablet computer as a reliable and efficient tool for courtroom lawyers. Both Wise County Commonwealth’s Attorney Ronald K. Elkins and civil trial lawyer John D. McGavin of Fairfax regularly use the iPad to manage and display documents in court. [...]

Circuit judge off the bench

By Alan Cooper
Published: June 15, 2010
Tags: Judge Joseph R. Carico, Judicial Inquiry and Review Commission, Wise County Circuit Court

Wise County Circuit Judge Joseph R. Carico will not be sitting on the bench until further notice, according to his two colleagues in the 30th Circuit. Earlier this month, Judges John C. Kilgore and Tammy S. McElyea told attorneys that they would be handling Carico’s docket, said Wise Commonwealth’s Attorney Ronald Elkins. The judges did [...]