Where plaintiff sued defendant attorney for breach of contract and malpractice allegedly arising from defendant’s representation in a drunken driving case, defendant’s demurrers to both claims are granted. Contract claim “Plaintiff first asserts a breach of contract claim alleging that ...

Tagged with: 23rd Circuit Court Contract Judge David B. Carson Virginia Circuit Courts

Type of action: Personal injury Injuries alleged: Broken femur Court: Roanoke City Circuit Court Case no.: CL20-2087 Tried before: Jury Name of judge or mediator: Judge David B. Carson Date resolved: 12/14/2021 Special damages: $117,693.17 Verdict or settlement: Verdict Amount: ...

Tagged with: Judge David B. Carson Personal Injury Roanoke City Circuit Court Verdict Virginia Circuit Courts

Where plaintiff alleges defendants concealed a mold infestation in the house plaintiff bought from them, an “as is” clause in the sales contract does not insulate defendants from a claim of actual fraud in the inducement. The complaint Plaintiff alleges ...

Tagged with: 20th Circuit Court Judge David B. Carson Real Estate Virginia Circuit Courts

Where plaintiff pleaded guilty to DUI-maiming and later moved to withdraw his plea, defense counsel’s oral motion, which the trial court denied, is not grounds for a legal malpractice claim. Prior proceedings Plaintiff Ascue ran a red light at 65 ...

Tagged with: Civil Practice Judge David B. Carson Tazewell County Circuit Court Virginia Circuit Courts

Where a judicial emergency order tolled the statute of limitations for a specified period, the tolling provision applies to cases in which the statute of limitations expired within the tolling period. The order tolled statutes of limitations from March 16, ...

Tagged with: Civil Practice Judge David B. Carson Roanoke County Circuit Court Virginia Circuit Courts

A woman who intended to live with her grandfather was not a member of his household and therefore not eligible for uninsured motorist coverage after she was injured in a traffic accident. Subjective intent is a factor in determining whether ...

Tagged with: Insurance Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

Where plaintiff, the labor and industry commissioner, sued United Parcel Service 39 months after the parties ended discussions on how to resolve a citation the commissioner issued after a fatal accident at a UPS facility, the delay was prejudicial and ...

Tagged with: Civil Practice Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

Despite courts’ typical deference to state regulators, a Roanoke circuit judge has concluded the Virginia Department of Labor and Industry waited too long to maintain an enforcement action over a workplace fatality. The judge’s opinion adds to a growing body ...

Tagged with: Judge David B. Carson Virginia Circuit Courts Workplace safety

Where plaintiff filed a nonsuit motion after a hearing on defendant’s motion to dismiss, the nonsuit motion is denied because the case had been submitted to the court for a decision. Background Plaintiff alleged that defendant Norfolk Southern Railway caused, ...

Tagged with: Civil Procedure Judge David B. Carson Roanoke County Circuit Court Virginia Circuit Courts

Where defendant doctor’s counsel in this medical malpractice case directed her to photograph plaintiff’s biopsy slides, the photos are attorney work product. Plaintiff alleges that defendants misdiagnosed her with a specific cervical cancer, for which she received treatment. While deposing ...

Tagged with: Civil Practice Judge David B. Carson Roanoke County Circuit Court Virginia Circuit Courts