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Tag Archives: Roanoke Circuit Court

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 ...

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Negligence claims in sewage case go forward

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 ...

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Man hurt by wrong-way driver on I-81 – $400,000 settlement

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 ...

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Denying visitation petition would not harm child

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 ...

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Fraudulent concealment tolls statute of limitations

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 ...

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