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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 […]
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, […]
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[...]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
Verdicts & Settlements
- Plaintiff injured in crash with oncoming vehicle — $235,000 settlement
- Driver killed in rear-end collision with tractor-trailer — $1.5M settlement
- Man died from pancreatic cancer after delayed response — $1.8M settlement
- Worker fell off roof, rendering him a paraplegic — $1.25M settlement
- Driver sustained permanent hearing loss after traffic collision — $240,000 settlement
- Plaintiff suffered concussion in rear-end collision — $81,000 verdict
- Builder misrepresented home status to buyers — $675,000 verdict
- Low potassium led to cardiac arrest, death of patient — $1M settlement
- Excessive propofol caused death in dialysis patient — $850,000 settlement
- Pedestrian struck in crosswalk in hit-and-run incident — $300,000 settlement
- Navy veteran killed in collision with box truck — $1.85M arbitration award
- Motorcyclist ejected from bike in collision with SUV — $1.5M settlement
Opinion Digests
- Company owner dodges breach of contract suit
- Employee’s own allegations doom minimum wage claim
- Federal government defeats former employee’s claims
- Principal wasn’t entitled to exclusively remote work
- USPTO properly redacted info in responsive documents
- Untimely lawsuit allowed to proceed
- Engineering consultant dismissed from suit
- Rule 60 motion was filed too late
- Nonprofit directors immune from ex-employees’ claims
- City, employees immune from whistleblower claims
- Experts excluded in condemnation damages suit
- Judgment entered against company for horse’s death
