Calling a plaintiff’s treating physician as a witness can be a problem. Under Virginia Code § 8.01-399 the doctor may be limited to testifying to what is in the treatment record. If the treating doctor is called by the plaintiff, … Continue reading
In a Virginia personal injury action, there may arise issues of the reasonableness of medical bills. Sometimes what the defense will do is to challenge reasonableness on the grounds that the bills are too high. That challenge may have some … Continue reading
On occasion there arises an issue of the admissibility of pleadings. Virginia Code § 8.01-381 says that no pleading is to be carried from the courtroom by the jury. That means that a copy of the Complaint will not be … Continue reading
Misnomers in Virginia can be troubling. Technically a misnomer is where you sued the correct person or entity but you simply misnamed them. For instance identifying a person by the wrong first name is simply a misnomer. Hampton v. Meyer, 299 … Continue reading
Chris Figueras of the D.C. Trial Lawyers Association in July of 2021 published to the membership a listing of various D.C. laws that are helpful. Also they are frequently used. Below is that listing. In addition Chris’ brief description of … Continue reading
The so-called “modern view” says that defective original construction of a home which causes injury is actionable, provided the injuries from the work are foreseeable. No big surprise Virginia has rejected that. In Tingler v. Graystone Homes, Inc., 298 Va. 63, … Continue reading
Insurance defense lawyers are typically seasoned trial lawyers. They are also quite adept at taking depositions. They take a lot of depositions. Defense counsel tend to develop a routine. Among the defense bar there tend to be certain questions that … Continue reading
Surveillance in personal injury cases is not quite as common as it used to be. It still is used by insurance carriers. It’s a very dangerous defense tactic. It is fraught with deception. For instance videos and/or pictures may be … Continue reading
The U.S. Supreme Court established the concept of modern personal jurisdiction in International Shoe. However over the last several years the court has shifted gears on what are referred to as “general” and “specific jurisdiction” General jurisdiction means that a court … Continue reading
The concept of an eggshell head plaintiff is known to most attorneys. It refers to a client who was injured who has pre-existing sensitivities. That doesn’t necessarily mean that the person has a so-called “pre-existing condition”. It means that the … Continue reading
“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. His advice is invaluable as he listens well and is very measured in his responses. He will give you options and the pros and cons of each for you to decide what is your best course of action. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon
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