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

In this contest over an auto repair shop’s claim to a portion of the profit a credit union made when it sold a repossessed car the shop had repaired and for which the general district court designated an appeal bond ...

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

A Roanoke judge may have advanced the cause of judicial efficiency with a rare use of a three-person jury in a civil dispute this month. As Virginia officials look for ways to make the court system more useable for unrepresented ...

Tagged with: Judge Charles N. Dorsey Roanoke Circuit Court

A Salem physician claims he was terminated by his practice group after the business forced him to sign a noncompete agreement that now bars him from working anywhere near his home. Allergist Thomas Fame is asking a judge to release ...

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

Plaintiff, a board-certified allergist and immunologist who left his practice at Lewis-Gale Medical Center in 2010 to join defendant Allergy & Immunology PLC, and whose employment with defendant terminated May 1, 2015, has not shown that he is likely to ...

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