A Roanoke Circuit Court says a deputy sheriff/courtroom bailiff who was rehired after her 400-day deployment to Afghanistan with her U.S. Army Reserve unit, and who suffered from post-traumatic stress disorder, cannot sue under Sections 4312 and 4313 of USERRA, ...

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

As the Surface Transportation Board previously determined that claims raised by the current plaintiffs and other property owners near a railroad line operated by defendant Norfolk Southern Railway Company are federally preempted, the Roanoke City Circuit Court incorporates the prior ...

Tagged with: Judge Clifford R. Weckstein Negligence Roanoke Circuit Court Virginia Circuit Courts

A plaintiff who alleges she was injured while shopping at a Goodwill store when a bed frame or bed rail propped up against a store wall fell over onto her leg may sue the Goodwill store; the store does not ...

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

In 2002, plaintiff was diagnosed with cardiomyopathy, likely viral, and ventricular tachycardia. Echocardiography showed an ejection fraction of 25 percent or less, indicating severe disease. An AICD was placed, and plaintiff was prescribed medications including an ace inhibitor and beta ...

Tagged with: Judge David B. Carson Medical Malpractice Million-Dollar Defense Verdicts Roanoke Circuit Court

A tenant’s assertion that landlord failed to comply with Va. Code § 55-248.15:1 by itemizing alleged damages and repair costs resulting in non-refund of a security deposit does not relieve the tenant of paying her last month’s rent under the ...

Tagged with: Judge David B. Carson Landlord/Tenant Roanoke Circuit Court Virginia Circuit Courts

A surgeon who practiced for only one year in Virginia was sued for malpractice four times, with three of the cases settling well short of trial. One of the cases settled for $1 million paid on behalf of the doctor ...

Tagged with: Judge David B. Carson Medical Malpractice Roanoke Circuit Court

A trucking company that has less than 11 percent of its work force in the city of Roanoke, where it has only one client and in 2014 generated only 2 percent of its total revenue, does not conduct “substantial” business ...

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

A Roanoke City Circuit Court says defendants must produce medical records of a defendant physician who has left the country and whose present whereabouts are unknown, and the court will review in camera certain documents for which defendants claim a ...

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

A Roanoke jury has rejected medical negligence claims against an emergency room doctor after considering whether the patient’s own negligence led to his death. It’s apparently the first use of a contributory negligence jury instruction in a Virginia medical malpractice ...

Tagged with: Judge Charles N. Dorsey Medical Malpractice Roanoke Circuit Court

A counterclaim defendant in this suit against Western Virginia Water Authority missed the deadline for filing a responsive pleading, and the Roanoke City Circuit Court enters default judgment against the counterclaim defendant. Plaintiff Elm View LLC initiated this suit against ...

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