Monthly Archives: November 2023

Brien Roche Law > Blog > 2023 > November
Personal Injury and Contractor Licensing

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

Police Qualified Immunity

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

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

Greater Weight of Evidence

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

Nurse Malpractice

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

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

Auto Accidents with Trucks-Discovery

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

Auto Accidents with Trucks-Insurance

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

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

Auto Accidents with Trucks-Causes

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

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