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Mother awarded legal and physical custody
Where the court has determined that father’s contact with the parties’ child “is not appropriate,” mother is awarded sole legal and physical custody, and father is denied “any form of visitation[.]” Best interest “The critical question in this case, which overrides all other considerations, is the best interests of SAS. The Court stresses this point […]
Plaintiff not entitled to portion of termination fee
Where plaintiff claims entitlement to a portion of a $3.7 million termination fee that defendant lessor received from the lessee for the lessee’s early termination of a lease, defendant is granted summary judgment because the lease does not provide for such distribution. Overview Defendant is the successor lessor of a building. Ace American Insurance is […]
Attorney’s representation did not breach contract
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 Defendant breached a contract for legal services in that Plaintiff received ‘no valuable services’ from[...]
Plaintiff sustained broken femur in accident in Roanoke — $400,000 verdict
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: $400,000 Attorneys for plaintiff (and city): Benjamin D. Byrd and Macel H. Janoschka, Roanoke Description […]
Some claims viable in moldy house case
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 that defendants covered up mold in four locations using paint, drawer lining, drywall patches and […]
No legal malpractice claim for oral motion
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 mph, then rear-ended a car. The car then crashed into another vehicle. The car driver […]
SOL continued to run despite tolling provision
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, 2020, through July 19, 2020. Plaintiff’s personal injury claim, which has a two-year statute of […]
Household residency not determined by intent alone
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 someone is a household member but “this intent must also be coupled with objective indicia […]
Suit filed 39 months after talks ended was prejudicial
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 the suit will be dismissed. Overview There was a fatal accident at the UPS facility […]
Lawsuit came too late in job safety case
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 of cases analyzing when job safety regulators have prejudiced employers with years-long delays in bringing […]
Nonsuit filing after dismissal hearing rejected
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, in whole or in part, the death of plaintiff’s decedent. Defendant filed a motion to […]
Biopsy slide photos not discoverable
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 Dr. Sheth, one of the defendants, plaintiff learned that after she filed her suit, Sheth’s […]
Verdicts & Settlements
- 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
- Jury rules in plaintiff’s favor in defamation suit with city — $300,000 verdict
- Woman missed step on walkway, rupturing Achilles tendon — $160,000 settlement
- Court dismisses suit in hit-and-run death of 2-year-old
Opinion Digests
- Debtor fails to show that signatures were forged
- Alleged defect in service of process excused
- Sales reps defeat injunction motion by former employer
- Court refuses to strike damages expert’s report
- Company can’t dismiss securities class action
- Defendants sued for not repaying loan
- No claim for ACA retaliation outside employment arena
- Plaintiffs awarded $33K in damages, $324K in fees
- Bank dodges claim for customer’s in-person transfer
- Jury to decide who is on hook for $207K loss
- Woman claims hospital did not offer appropriate exam
- Board members accused of political patronage
