Where a judicial emergency order tolled the statute of limitations for a specified period, the tolling provision applies to cases in which the statute of limitations expired within the tolling period. The order tolled statutes of limitations from March 16, ...

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

Type of action: Wrongful death; medical malpractice Injuries alleged: Wrongful death of a 25-year-old man Name of case: Young v. Kletzing Court: Roanoke County Circuit Court Case no.: CL19-1067 Tried before: Jury Name of judge or mediator: Judge Charles N. ...

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

“In accord with the original correspondence of the Court on this matter, attached hereto as Exhibit A and made a part hereof, and the response of the Roanoke County Board of Supervisors, hereafter ‘The Board,’ attached hereto as Exhibit B ...

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

Legislative amendments from 2020 that prohibit a traffic stop for an expired registration or a broken taillight are retroactive, a Roanoke County circuit judge has ruled in a case of first impression. As a result, a woman facing drug charges ...

Tagged with: Criminal Law Judge Charles N. Dorsey Roanoke County Circuit Court Traffic stop

Where plaintiff claims the state police violated his rights by denying his application to purchase a firearm, sovereign immunity bars the claim. The state police department, as an agent of the commonwealth, has sovereign immunity and there is no express ...

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

Judicial emergency orders issued in response to the COVID-19 pandemic tolled defendant’s constitutional and statutory speedy trial rights. Overview The parties concede that 103 days, for speedy trial purposes, elapsed from when defendant was arrested to the original trial date ...

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

The COVID-19 pandemic justifies tolling the right to a speedy trial under a judge’s case-by-case analysis, a Roanoke County Circuit Court judge has ruled. The decision builds on an opinion issued March 30 in Fairfax County. The April 14 opinion ...

Tagged with: Coronavirus Criminal Judge Charles N. Dorsey Roanoke County Circuit Court

Where plaintiff filed a nonsuit motion after a hearing on defendant’s motion to dismiss, the nonsuit motion is denied because the case had been submitted to the court for a decision. Background Plaintiff alleged that defendant Norfolk Southern Railway caused, ...

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

Where defendant doctor’s counsel in this medical malpractice case directed her to photograph plaintiff’s biopsy slides, the photos are attorney work product. Plaintiff alleges that defendants misdiagnosed her with a specific cervical cancer, for which she received treatment. While deposing ...

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

Where plaintiff’s decedent presented at his employer’s dispensary, requested and was denied a blood pressure check, and suffered a fatal heart attack at work a few hours later, jurisdiction over plaintiff’s claim lies with the Virginia Workers’ Compensation Commission and ...

Tagged with: Judge Charles N. Dorsey Roanoke County Circuit Court Workers' Compensation