A jury’s $4.2 million award for the family of a man killed in a workplace accident has been overturned by the trial judge, who ruled the victim’s own negligence contributed to his death. The man’s conduct in using an industrial ...

Tagged with: Judge David B. Carson Million-Dollar Verdicts Roanoke Circuit Court workplace Wrongful Death

Decedent was a passenger in a car driven by her hus­band (on Interstate 81 in Pennsylvania) coming back from visiting relatives in New York when the defendant crossed the median and struck decedent’s vehicle head on, killing her. The defendant ...

Tagged with: Judge David B. Carson Million-Dollar Settlements Roanoke Circuit Court Wrongful Death

Distinguishing a similar case, a Roanoke City Circuit Court grants a remodeling contractor’s demurrer in a negligence suit under Va. Code § 65.2-805(A) filed by an employee who was injured when the nail gun he was using discharged a nail ...

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

A Roanoke City Circuit Court denies plaintiff estate’s post-trial motion objecting to a jury verdict for defendant emergency room physician, rejecting the estate’s con­tention that the trial court erred in granting defendant a jury instruction on contributory negligence in this ...

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

A patient’s own behavior – allegedly misleading a doctor about his medication history – can be used to defeat a medical malpractice claim, a Virginia judge has ruled. Even though the Supreme Court of Virginia has rejected theories of contributory ...

Tagged with: Judge Charles N. Dorsey Medical Malpractice Negligence Roanoke Circuit Court Supreme Court of Virginia Virginia Circuit Courts

Because a railroad employee accepted $20,000 in 2000 from defendant railroad in exchange for releasing his claims of “mental anxiety and fear of contracting mesothelioma, lung cancer or any other type of cancer,” his estate is barred from suing the ...

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

In this interpleader action involving a $1,610 judgment for retention of tools and stereo equipment in the possession of Young’s Auto & Truck, the Roanoke City Circuit Court says neither party has demonstrated entitlement to the interpled funds, and the ...

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

On April 15, 2011, plaintiff went to dinner for her birthday at The Isaacs Restaurant (owned and operated by Memorial Holdings, LLC). She and her companion used the rear customer entrance to enter and exit. Leaving the restaurant, plaintiff took ...

Tagged with: Judge Charles N. Dorsey Personal Injury Premises Liability Roanoke Circuit Court

A Roanoke City Circuit Court says a physician practice group cannot enforce a non-competition covenant against an allergist who left the practice but wants to remain in the area. The covenant at issue prohibited the doctor from competing with his ...

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

The plaintiffs alleged that their son, who presented to the emergency department after taking an overdose of Dextromethorphan, received improper treatment. The defendants argued that the son deliberately, with the intent to commit suicide, withheld from providers in the ED ...

Tagged with: Judge Charles N. Dorsey Medical Malpractice Million-Dollar Defense Verdicts Roanoke Circuit Court Wrongful Death