Construction contractors and tradespeople are required to be licensed in Virginia. Virginia Code § 54.1-1103(A) requires that “[n]o person shall engage in or offer to engage in contracting work or operate as an owner-developer unless he has been licensed or … Continue reading
In police abuse of force cases, the officer may raise a defense of qualified immunity. That defense is an affirmative defense. The burden rests on the defendants to prove it. Gomez v. Toledo, 446 U.S. 635, 639-641 (1980) Police Qualified … Continue reading
Distracted driving is a frequent cause of auto crashes. Cell phone and texting usage while driving causes crashes. Knowledge that a person you are loaning your auto to uses a cell phone while driving may be negligent entrustment. There is … Continue reading
In any case there is a certain standard of proof. In most civil cases, the standard of proof is probability. Probability means greater than 50%. Sometimes the term “greater weight of the evidence” is used. Other times “preponderance of the … Continue reading
Nurses have a duty not only to comply with the standard of reasonable care for the a patient but also have a duty to act as an advocate for the patient. Their failure to do so may bring their action within … Continue reading
Gallbladder surgery negligence can be seen in the cutting of the common bile or common hepatic ducts. The underlying problem that necessitates surgery is the presence of gallstones. This may dictate the surgical removal of the gallbladder. This procedure is … Continue reading
Discovery To Driver Truck accident discovery is critical. Trucks are complex. The relation between the company and the driver is complex. What follows is a series of proposed Interrogatories to the driver and then secondly to the company. Exams 1. … Continue reading
Insurance coverage is important in truck accident cases. Developing all sources of insurance is critical in any truck accident case. Auto Accidents with Trucks-Insurance-MCS-90 Get copies of all of the policies of insurance. They apply to the tractor, the trailer, … Continue reading
Auto Accidents with Trucks-Investigating In investigating truck crashes, aside from focusing on the causes, consider the following: Motor Carrier Issues Confirm the trucking company is a motor carrier engaged in interstate commerce. Study the Federal Motor Carrier Safety (FMCS) Regulations. … Continue reading
Truck accident lawsuits are hard fought and complex. Our roadways are loaded with large trucks. They are called 18-wheelers. These are mammoth vehicles. They occupy their entire lane. They are driven by experienced drivers. However these drivers make mistakes. Auto … 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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