Claims added to a med-mal plaintiff’s recommenced action after nonsuit, alleging defendant physician failed to assess her fetus’s viability, terminated her pregnancy and left her infertile without advising her of other options, are new claims under the “same evidence” test, ...

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

A man who donated sperm to help a friend conceive a child is the child’s legal father, with the right to share joint legal and physical custody with the protesting mother, a Roanoke judge has ruled. The parties had been ...

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

A prenuptial agreement is valid and enforceable and prevents defendant, the fourth wife of decedent whom he was divorcing when he died testate, from exercising her statutory rights to take against the will, says a Roanoke City Circuit Court. Defendant ...

Tagged with: Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts Wills & Trusts

The case involved a 52-year-old Norfolk Southern Railroad locomotive engineer who was injured on May 1, 2011, in the Waynesboro Yard. At approximately 11:00 p.m., he tripped over a metal “joint” bar that had previously been removed from one of ...

Tagged with: Judge Charles N. Dorsey Million-Dollar Verdicts Personal Injury Roanoke Circuit Court

Police officers who discovered defendant unresponsive in his car in a private parking lot near a restaurant, and who ultimately opened his unlocked door and prodded him before he woke up cursing in a slurred voice, did not violate defendant’s ...

Tagged with: Judge David B. Carson Roanoke Circuit Court Search & Seizure Virginia Court of Appeals

A police officer did not have reasonable suspicion to block defendant’s car in the parking lot of a convenience store after receiving a tip about a drunken driver and the Roanoke City Circuit Court grants defendant’s motion to suppress. No ...

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

A husband who has accumulated arrearages in payments he was ordered to make to wife under the parties’ final divorce decree cannot discharge $50,237.96 in debt to wife in his Chapter 7 bankruptcy proceeding, says a Roanoke City Circuit Court. ...

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

Although a necessary job transfer for her new husband constituted a material change in circumstances, a mother who wants to move her sons, ages 11 and 14, to Ohio has not carried her burden to prove the move would be ...

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

In plaintiff property owners’ suit alleging defendant railroad’s operation of a rail line is a “public nuisance” and asserting a claim for just compensation, the Roanoke City Circuit Court overrules defendant’s demurrers which are accompanied by materials that assert additional ...

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

In plaintiff’s suit for the wrongful death of her husband from fungal meningitis allegedly resulting from an epidural injection of a contaminated steroid produced by a compounding pharmacy and used by defendant health care providers, a Roanoke City Circuit Court ...

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