On Nov. 29, 2005, the plaintiff was involved in a single car accident, after which she was brought to the emergency department at Smyth County Community Hospital. Imaging studies showed a mild compression fracture of T-12. The patient was admitted ...

Tagged with: Judge Samuel G. Wilson Medical Malpractice U.S. District Court - Western District

A Roanoke U.S. District Court says the U.S. Department of Agriculture mistakenly relied on a regulation that addresses only owners, not tenants such as plaintiff, in terminating plaintiff’s contracts under a federal conservation program, and the court remands the case ...

Tagged with: Administrative Judge Samuel G. Wilson U.S. District Court - Western District

A Roanoke U.S. District Court dismisses this habeas petition under 28 U.S.C. § 2254, finding that the state court that sentenced defendant to life in prison for a capital murder he committed as a juvenile, acted in accordance with Miller ...

Tagged with: Criminal Judge Samuel G. Wilson U.S. District Court - Western District

A plaintiff who alleges he suffered permanent nerve damage, pain and scarring on his neck where defendant doctors negligently performed arthroscopic shoulder surgery cannot sue the U.S. under the Federal Tort Claims Act because defendant physician was an independent contractor ...

Tagged with: Judge Samuel G. Wilson Medical Malpractice U.S. District Court - Western District

After awarding summary judgment to defendant in plaintiff’s suit for federal trade dress infringement and unfair competition under the Lanham Act, a Roanoke U.S. District Court accepts a magistrate judge’s recommendation and awards defendant cost of $14,551.79, but denies an ...

Tagged with: Intellectual Property Judge Robert S. Ballou Judge Samuel G. Wilson U.S. District Court - Western District

A Roanoke U.S. District Court dismisses an estate’s medical malpractice action under the Federal Tort Claims Act because the physician who treated decedent at the Veteran Affairs Medical Center in Salem was an independent contractor, not an employee of the ...

Tagged with: Judge Samuel G. Wilson Medical Malpractice U.S. District Court - Western District

Two physicians employed by a staffing agency and working under contract with a veterans hospital were independent contractors, not government employees, and a plaintiff cannot sue the government under the FTCA for the doctors’ alleged medical malpractice in performing his ...

Tagged with: Judge Samuel G. Wilson Medical Malpractice U.S. District Court - Western District

A bank call-center employee who was granted short-term leave for treatment for alcoholism cannot sue the bank for violation of the Americans with Disabilities after the bank terminated her in compliance with its policy on seeking approval for missed work ...

Tagged with: Employment Discrimination Judge Samuel G. Wilson U.S. District Court - Western District

A plaintiff alleging injury from a defectively manufactured 1996 Grizzly Tree Step used in hunting has had a sufficient opportunity for discovery, but his products liability claim rests only on his experts’ inadmissible speculation, and the Roanoke U.S. District Court ...

Tagged with: Judge Samuel G. Wilson Products Liability U.S. District Court - Western District

A customer who alleges defendant store employees saw an apparently intoxicated man enter their store and were fearful for store patrons, but did nothing to prevent the man from entering a dressing room and sexually assaulting plaintiff, has not stated ...

Tagged with: Civil Rights Judge Samuel G. Wilson U.S. District Court - Western District