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Alleghany County Circuit Court

Apr 1, 2021

Legislative immunity shields some subpoenaed documents

Where defendant served subpoena duces tecum on members of the Alleghany County Board of Supervisors, the commonwealth’s motion to quash is denied in part. Legislative immunity applies to some of the requested documents. Overview This case arises from a petition by the county supervisors to remove Kern from the school board. After Kern issued subpoenas […]

Feb 12, 2018

Patient at facility was given another patient’s meds – $497,500 Settlement

The decedent, age 62, had been a resident of Covington Manor, an assisted living facility located in Alleghany County, for approximately 20 years. The decedent had suffered from a lifelong history of substance abuse and mental illness which led him to be placed in various institutions since the age of 17. On Nov. 14, 2016, […]

Jun 12, 2017

Jury rejected contrib for worker struck by vehicle – $207,000 Verdict

Plaintiff was working with a leaf pickup crew in Alleghany County when defendant struck plaintiff with his ve­hicle while passing through the work zone. Plaintiff was taken to the emergen­cy room where x-rays confirmed bilateral malleolar fractures, which ultimately re­quired open reduction internal fixation. Following the surgery, plaintiff under­went physical therapy and was able to [&hellip[...]

Oct 8, 2013

No punitive damages claim for triple-hit by trucker

Having her car struck three times by a tractor-trailer that left the scene of the accident did not let a woman sue a trucking company for punitive damages, a Roanoke federal court said on Sept. 26. But the judge said the plaintiff could replead her claim. In striking the punitives claim, the Roanoke court applied […]

Apr 1, 2013

Headaches persisted after auto accident – $175,000 Verdict

Plaintiff, age 52, was traveling northbound on Route 220 in Alleghany County when an oncoming vehicle turned directly in front of her, causing a collision. Plaintiff denied any injury at the scene but was evaluated a week later for neck and back pain and headaches. Diagnostic studies confirmed no evidence of bony injury, and plaintiff […]

Oct 11, 2012

Fishermen lose court fight for access to Va. river

RICHMOND, Va. (AP) — Two fishermen accused of trespassing in Alleghany County have been barred from wading on a contested section of the Jackson River after a judge ruled that 18th-century grants from the English crown and the commonwealth of Virginia give private landowners control of the riverbed. Alleghany County Circuit Judge Malfourd “Bo” Trumbo […]

Sep 24, 2012

Farmer’s work capacity limited after auto accident -$365,935 Verdict

Plaintiff, age 53, was traveling eastbound on Route 42 in Craig County when he was struck by an oncoming vehicle traveling approximately 50 mph. Both vehicles were totaled and were towed from the scene. Plaintiff denied any injury at the scene but was evaluated the evening of the wreck for left arm and low back […]

Apr 2, 2012

Alleghany jury awards record verdict in personal injury case – $1,959,171 Verdict

Plaintiff, Michael D. Boguess Sr., was helping his brother, Todd Boguess, pour concrete for a mutual friend on May 18, 2006, in Covington. The concrete was delivered by a concrete truck owned and operated by Construction Materials Company, based in Harrisonburg, with a local plant in Covington. After the concrete had been poured, the plaintiff […]

Apr 2, 2012

A record in the mountains

On a spring day in 2006, Michael Boguess went to help his brother Todd pour concrete at a friend’s house. By that evening, the 39-year-old mill worker found himself lying in a hospital bed, paralyzed from the neck down. Boguess’ life had changed in a matter of seconds when a falling tree limb struck him […]

Aug 15, 2011

AG sidesteps fray in fishermen trespass case

Virginia Attorney General Ken Cuccinelli has refused to come to the defense of fishermen fighting a $10,000 trespassing lawsuit who say they were assured by the state they had a right to stand and cast their lines in the Jackson River. Riverside landowners took the anglers to court, claiming the landowners, and not the state, […]

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