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

The case arose from injuries sustained in a low-speed collision in a restaurant parking lot on April 16, 2013. The plaintiff, who had an unrelated right knee injury scheduled for surgery several weeks later, was exiting the passenger side of ...

Tagged with: Judge David B. Carson Personal Injury Salem Circuit Court Verdict

The court will grant the demurrer filed by a third-party defendant because the indemnity provision at issue would allow another party to seek indemnity from this defendant for its own negligent acts. Discussion Plaintiff Morris sued defendant DSA on negligence ...

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

Where an insurance company consistently advised a repair shop that it would pay the standard hourly rate to repair hail damage to the insured’s vehicle, the insured has not shown that an enhanced rate was reasonable and necessary to make ...

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

Code § 8.01-428(D) does not grant a court unlimited power to set aside a default judgment, and, as a result, where petitioner missed a pleading deadline in the underlying action, the default judgment granted in respondent’s favor is upheld. Parties’ positions ...

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

The plaintiff was a 16-year-old high school student who suffered a suspected right patellar dislocation playing softball on April 14, 2014. There was evidence that the plaintiff was back to exercising and playing basketball during the summer of 2014. On ...

Tagged with: Auto Accident Judge David B. Carson Salem Circuit Court Tort Verdict

An indigent defendant facing two life sentences for rape and related offenses can argue ex parte why he requires expert assistance, but he must make his case to a circuit judge other than the one presiding over the case. Background ...

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

For lack of audio evidence about a courtroom colloquy, the full Court of Appeals of Virginia has turned aside an earlier 2-1 panel decision and upheld a man’s 63-year sentence for attempted murder. The case turned on application of Virginia’s ...

Tagged with: Judge Clifford Weckstein Judge David B. Carson Virginia Court of Appeals

In a contract for services performed that limited the service provider’s liability to the value of the service, any attorneys’ fees awarded also could not exceed the liability cap. Background In September 2012, Plaintiff LAM Enterprises LLC contracted with Defendant ...

Tagged with: Attorneys Fees Business Law Contract Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts