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Tag Archives: Roanoke County Circuit Court

Immunity bars challenge of gun purchase denial (access required)

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 ...

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Judicial emergency orders tolled speedy trial right (access required)

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 ...

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Nonsuit filing after dismissal hearing rejected (access required)

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, ...

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Biopsy slide photos not discoverable (access required)

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 ...

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Workers’ comp act exclusive remedy for fatal heart attack (access required)

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 ...

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Man fell forward on stairs, flower pots blocked railing – $1,250,000 Settlement (access required)

On Nov. 3, 2015, the plaintiff, 59, was picked up by his octo­genarian father out­side of his apartment building. Because of the plaintiff’s co-mor­bidities, including a prior stroke, toe amputation, and pancreas and kidney transplants, he did not drive. The ...

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No Personal Jurisdiction from Cable Purchases (access required)

Although two Texas-domiciled defendants have been transacting business in Virginia by buying fiber optic cable from plaintiff Virginia corporation for a number of years, none of plaintiff company’s alleged causes of action are based upon a breach of any duty ...

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