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Tag Archives: Judge David B. Carson

Attorney’s representation did not breach contract (access required)

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 ...

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Plaintiff sustained broken femur in ­accident in Roanoke — $400,000 verdict (access required)

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: ...

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SOL continued to run despite tolling provision (access required)

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, ...

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Suit filed 39 months after talks ended was prejudicial (access required)

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 ...

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Nonsuit filing after dismissal hearing rejected (access required)

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, ...

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Biopsy slide photos not discoverable (access required)

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 ...

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