Safety and Health Reporter

Voluntary Payment Doctrine

Brien Roche
The voluntary payment doctrine states that where one party pays an illegal demand with full knowledge of all the facts, then it may not recover that payment.  The exceptions to that are three in number.  …

Virginia Judicial Notice

Brien Roche
Virginia Judicial Notice-Shortcut
Judicial notice is a form of a judicial shortcut.  That is to say that there will be no need for formal proof where judicial notice is taken of something.  Formal proof would simply …

Personal Injury Twelve Week Expert

Brien Roche
I like to call them the “twelve week experts”.  They are so common among defense medical doctors that I think they deserve that name.  These doctors testify for the defense.  Their testimony is …

Car Accident BAC Levels

Brien Roche
In any car accident case, BAC levels need to be of concern to an attorney.  BAC stands for Blood (Breath)Alcohol Content.  It is measured by the police through a breathalyzer test given at the station …

Police Car Accidents

Brien Roche
Police car accidents should be no different than any other car accident case.  However they are.  Police in Virginia may have immunity.  That immunity depends on what they were doing at the time of the …

Car Accident Medical Emergency
Brien Roche

The defense of sudden medical emergency arises where a medical condition has caused a driver to lose control of an auto.  If this causes injury to another that does not mean …

Car Accident From Falling Trees

Brien Roche
Falling trees may be a hazard anywhere.  They become a particular hazard if they fall onto a roadway or onto a home.  
Car Accident Falling Trees-Va. Supreme Court
The Virginia …

Trauma Surgery Medical Malpractice
Brien Roche

Trauma surgery recognizes what is known as the “golden hour”.  That golden hour is the 60 minutes following the injury.  It is during that 60 minutes that the patient’s outcome …

Car Accident and Urgent Delivery Systems
Brien Roche

Injuries due to time urgent delivery systems are common. We have all become accustomed to overnight or same day delivery. 30-minute delivery for food. Such time urgent delivery systems promote …

Stroke Malpractice

Brien Roche
Stroke: Ischemic or Hemorrhagic
Stroke (CVA – Cerebral Vascular Accident) is the fourth leading cause of adult death in the U.S. By 2030 nearly one in every 25 adults will suffer a stroke.

Most strokes can be grouped as either …

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