Liability of Parents

Posted Posted in General, Litigation, Personal Injury Law

“Your son broke my window – Pay Me!” Not so fast! In Virginia, the parent is not liable for the torts of his child! In Virginia, a parent is not liable for the negligence of his child without a principal/agent relationship! Virginia has long and consistently held that the relationship of parent and child does not of itself impose liability upon a parent for […]

Lt. Nazario v Town of Windsor Police Officers – Official Update

Posted Posted in Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Freedom of Speech and Press, General, Litigation, Personal Injury Law

Because this important civil rights case highlights the need for national attention and reform – this page will serve the public’s right to know TO HELP LT. NAZARIO CLICK HERE! 8/9/2022 – Order Federal Court rejects Windsor Police Officers’ bid to block claims of assault and battery and false imprisonment of Army Lt. Caron Nazario.  […]

Suit Filed in Norfolk Against Windsor Police for Civil Rights Violations against Lt. Caron Nazario

Posted Posted in Assault & Battery, Civil Rights, Due Process, Excessive Force, False Imprisonment, Fourth Amendment, General, Litigation

TO READ THE LATEST UPDATES – CLICK HERE Nazario v Gutierrez & Crocker, Case 2:21-cv-00169 -Filed 04/02/21 Eastern District of Virginia, Norfolk This action arises from the behaviors of two Windsor [Virginia] police officers, Joe Gutierrez and Daniel Crocker (jointly, the “Defendants”), who, while on duty and in uniform, initiated a traffic stop against a […]

Private Nuisance – Tort in Virginia

Posted Posted in General, Litigation

Private Nuisance – lawful activities that become obnoxious to occupants of neighboring dwellings endangering the life or health or obstructing the reasonable and comfortable use of the property gives rise to tort liability. “[S]o use your own as not to injure another’s property.” Black’s Law Dictionary 1872 (9th ed. 2009) An owner or occupant of land […]

Does the statute of limitations toll because I didn’t know that I could file a lawsuit or because I didn’t know the name of the defendant?

Posted Posted in General, Litigation, Personal Injury Law

NO! BUT MAYBE – when it comes to Misnomer v Misjoinder? No, unless the defendant has actually obstructed you from filing suit by direct or indirect means through improper means. Your ignorance of the law or feeling overwhelmed with life is not enough to prevent the statute of limitations from tolling.  When you don’t know […]

THIS HAS TO STOP! – police brutality – Class Action filed against Richmond Police officers.

Posted Posted in Assault & Battery, Civil Rights, Commentary, Excessive Force, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation

Civil Rights Law Firm of Thomas H Roberts & Associates PC Protecting 1st Amendment Rights Under United States Constitution! Summary: On June 1, 2020 Protestors at Lee Monument were unlawfully attacked by Richmond Police in Violation of the 1st, 4th and 14th Amendments to the United States Constitution. The civil rights law firm of Thomas […]

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

Posted Posted in Civil Rights, Due Process, Litigation

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS Another litigation and appellate victory for the Law Firm!   On May 14, 2020, the Virginia Supreme Court rejected the attempt to drag mental health professionals and guardian ad litems into court for their role in custody and visitation cases by disappointed, angry, frustrated or vindictive parents on claims of “tortious […]

Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment

Posted Posted in Commentary, General, Litigation, Personal Injury Law

Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment.   Until the Virginia legislature acts, employees get a windfall under the current Worker’s Compensation law in Virginia – they get the benefit of medical treatment but if a prosthetic device is used the employer does not get any credit […]

What are the elements of a “bad faith” claim against an insurance company?

Posted Posted in Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death

If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the policy limits resulting in a judgment exceeding those policy limits then it may be liable for the excess judgment under Virginia law.   Given the risks, complexities and costs of litigation, it may be appropriate […]