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 ...

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

Where statutes were amended to prevent police officers from stopping vehicles solely for expired registrations and certain equipment violations, and provide that any evidence from such a stop must be suppressed, the change is procedural. As such, it will be ...

Tagged with: Criminal Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

Even though husband acquired the marital home before the parties’ marriage, the home is both separate and marital property due to wife’s contributions during the marriage. As a result, she is entitled to a monetary award from the equity in ...

Tagged with: Domestic Relations Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

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 ...

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

Defendant’s demurrers to plaintiff’s claims for negligence per se and negligence, arising from defendant’s alleged failure to keep a mobile home park’s septic system in good working order, are overruled. A demurrer to plaintiff’s contract-based claim to keep the septic ...

Tagged with: Civil Practice Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

A wrongful death action alleging negligent care at a company dispensary is barred by the Workers’ Compensation Act, a Roanoke County circuit judge has ruled. The decision could limit or even eliminate recovery for the family of a man who ...

Tagged with: Judge Charles N. Dorsey Roanoke Circuit Court Wrongful Death

Plaintiff was injured in a head-on collision on Interstate 81 north. Defendant drove the wrong way on the Interstate and collided with the plain­tiff’s vehicle; defendant had been drinking prior to driving. Plaintiff suffered a compression frac­ture of the thoracic ...

Tagged with: Judge B. Waugh Crigler Personal Injury Roanoke Circuit Court Settlement

Even though petitioner is a “person with a legitimate interest” in visitation with respondent’s minor child, the visitation petition is denied. For a court to award a non-parent visitation over a parent’s objection, there must be clear and convincing evidence ...

Tagged with: Domestic Relations Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

Where a defendant affirmatively acts to conceal a cause of action, the statute of limitations is tolled until the concealment is discovered, and it is immaterial whether the cause of action has accrued when the intentional, fraudulent concealment occurs. In ...

Tagged with: Civil Procedure Judge Humes J. Franklin Jr. Roanoke Circuit Court Virginia Circuit Courts

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