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Tag Archives: Roanoke Circuit Court

Acceptance of settlement offer created binding contract (access required)

A defendant is obligated to pay a settlement because a question raised by plaintiffs after they accepted the defendant’s offer was not a new term. Background On May 19, 2017, defendant’s former attorney, Jonathan S. Kurtin, sent a letter to ...

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Man rendered quadriplegic in fall from stairway – $1 Million Settlement (access required)

On May 3, 2016, a 19-year-old man was visiting his sister’s apartment, and started to walk down an outdoor stairway to the deck of the apartment below. As he was about halfway down, he stopped to pet a neighbor’s dog ...

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Retained urnings (access required)

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A Roanoke woman says the funeral home that handled her husband’s remains ignored its promise to give separate ash urns to estranged family members. She claims in a lawsuit that the home gave both urns to a stepdaughter who now ...

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Man suffered broken jaw during tooth extraction – $875,000 Settlement (access required)

Plaintiff developed ORN following a difficult tooth extraction by the defendant. During the extraction, the plaintiff’s jaw was fractured but this was not discovered until many weeks thereafter, at which time he was also diagnosed with Stage III ORN disease. ...

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Va. Cir.: Ex parte hearing granted, but before different judge (access required)

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 ...

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Va. Cir.: Liability cap applied to attorneys’ fees (access required)

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 ...

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Va. Cir.: Title challenge must be separate claim, not defense (access required)

In an action for unlawful detainer, defendants occupying their deceased mother’s home could not effectively challenge title by affirmative defense only; any title disputes needed to resolved by separate lawsuit or counterclaim. Background Sometime prior to November 28, 2016, at ...

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Appendicitis goes unreported initially, leads to complications – $1.5 Million Verdict (access required)

On Aug. 15, 2016, Alexander Nelson underwent a colonoscopy after which he suffered abdominal pain, nausea and vomiting. The next day, Aug. 16,  Nelson saw his gastroenterologist who referred him to the Lewis-Gale Medical Center Emergency Department for a CT ...

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Va. Cir.: Jury verdict enforcing expired contract was unjust (access required)

A jury’s advisory verdict awarding specific performance of the parties’ contract was a plain deviation from right and justice, given that the contract’s term had expired. Background The parties in this case – Plaintiff Rockbridge Area Conservation Council and Defendant ...

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