Results: Verdicts and Settlements

Munro Byrd, P.C. – Virginia State and Federal Courts

Results matter more than words. Devon Munro and Ben Byrd have a hard-earned, proven record of achievements that reflect their commitments to each client’s best interests.  With decades of combined experience, they have helped individuals and companies achieve important, often life-changing outcomes despite difficult opposition and obstacles.  Scroll down for examples.

Please note that Virginia’s Rules of Professional Conduct require this disclaimer: SETTLEMENTS AND VERDICTS IN ALL CASES DEPEND ON VARIOUS FACTORS AND CIRCUMSTANCES WHICH ARE UNIQUE TO EACH CASE. THEREFORE, PAST RESULTS IN CASES ARE NOT A GUARANTEE OR PREDICTION OF SIMILAR RESULTS IN FUTURE CASES WHICH MUNRO BYRD P.C. MAY UNDERTAKE.  While verdicts are public record, most settlements are confidential by agreement.  So, we reference most settlement results without names, amounts, or details.

Devon’s and Ben’s results arise from Virginia courts at the trial and appellate levels, including the Eastern and Western Districts of Virginia (federal courts) as well as Virginia Circuit Courts (state courts), such as:  Roanoke City and County, Montgomery County (Blacksburg and Christiansburg), Fairfax County, Franklin County, Botetourt County, Rockbridge County, Wythe County, Augusta County (Staunton), Rockingham County (Harrisonburg), Nelson County, Bedford County, Campbell County, Carroll County, Henry County and Martinsville City, Smyth County (Marion), Pittsylvania County and Danville City, Washington County (Abingdon), Floyd County, Pulaski County, Giles County, Alleghany County (Covington), Bath County, and Buchanan County.

Sample Personal Injury, Malpractice, and Wrongful Death Case Results by Munro Byrd, P.C. attorneys:

  • 2022: Devon earned a jury verdict of $132,500–nearly four times the highest settlement offer–in Franklin County for a client rear ended while turning left into his driveway.  The defense (specifically, State Farm Insurance) had insisted on arguing that he should recover nothing, alleging him to be contributorily negligent for not using a signal. Lemon v. Hunt (Franklin Co. Cir. April 28, 2022)
  • 2021: Following a weeklong trial in Roanoke County Circuit Court charging medical malpractice causing delays of proper treatment due to failures to diagnose a worsening MRSA infection, which resulted in the wrongful death of a 24-year old, promising and special young man, the firm won a $793,803.86 verdict from the jury for his family members. Young, Admr. v. Kletzing, CL19-1067 (Roanoke County Circuit Court Aug. 24, 2021).
  • Devon Munro achieved a $960,000 settlement on behalf of a client suffering a range of injuries requiring extensive treatments and therapy, when her car was struck while making a left-turn with right of way in Roanoke County.
  • Devon Munro won a $793,000 bench verdict against the United States government (Dept. of Veterans Affairs) for wrongful death caused by medical malpractice of Salem, Virginia Veterans Affairs Medical Center surgeons in the course of a cholecystectomy (gall bladder removal) surgery. Wertman v. United States, No. 7:15-CV-00466, 2017 WL 363019 (W.D.Va. Jan. 24, 2017) (Roanoke, Virginia).
  • Devon achieved a $450,000 settlement, at the close of Plaintiff’s evidence, at the Roanoke City Circuit Court trial of a client’s slip-and-fall injury against Roanoke, Virginia restaurant resulting in neck and elbow injuries.
  • Just after his jury selection at a trial in Franklin County Circuit Court (Rocky Mount, Virginia), Devon compelled an insurance adjuster to raise a six-figure settlement offer to a level above prior demands and resolve the case, in a case involving a rear-end collision by a pickup truck near Smith Mountain Lake, contributing to serious foot injuries.
  • Representing a client whose ankle was injured in a low-speed collision as she exited the passenger side of a vehicle in the parking lot of Mac ‘N Bob’s restaurant in Salem, Virginia, Munro tried the case to a $248,630 jury verdict. Keith v. Mountcastle, CL15-133 (Salem City Circuit Court, May 17, 2019).
  • In Carroll County Circuit Court (Hillsville, Virginia), Devon litigated to a high six-figure settlement a complex product liability case involving leg injuries caused by a projectile propelled by a defectively designed exploding target product.
  • Representing a homeowner injured by an unknown projectile thrown by a commercial grade bushhog on a neighboring property, Devon litigated a case in Floyd County Circuit Court (Floyd, Virginia) to successful settlement.
  • Representing a tractor trailer driver suffering aggravated back injuries in a rear-end collision caused by another truck on Interstate 81 near Daleville, Virginia, Devon brought a lawsuit in Botetourt County Circuit Court (Fincastle, Virginia) resulting in high, six-figure settlement.
  • As part of a multi-state trial team, Devon litigated to successful settlement a complex defective product case (in Roanoke, Virginia as well as Connecticut courts) involving food poisoning by oysters containing saxitoxin, causing severe and disabling disease to client-executive.
  • Suing a national fast-food restaurant chain for a client’s shoulder injuries caused by a slippery floor in the ordering line at a South Boston, Virginia restaurant, Munro litigated to six-figure settlement a case in Halifax County Circuit Court.
  • Munro litigated to successful large settlement a Roanoke case of medical malpractice causing the wrongful death of a 48-year old woman arising from complications in cholecystectomy (gall bladder removal) surgery.
  • Helping a real estate agent-client who fell down defective stairs while a guest at a Wintergreen-area rental property, Devon litigated to successful settlement a premises liability case in the Western District federal court (Charlottesville).
  • Devon brought a case in Rockbridge County Circuit Court involving a rear-end collision caused by a box truck approaching a construction zone on Interstate 81 near Lexington / Buena Vista, causing back injury and loss of income, resulting in seven-figure settlement.
  • Helping two clients injured in a collision on Interstate 81 near Marion, Virginia, by a driver who crossed the center median and struck them head-on at full highway speed, Devon litigated the cases in Smyth County Circuit Court to two successful settlements.
  • Representing a young father who, walking home, fell on a hazardous sidewalk section that the Town of Covington, Virginia had permitted to grow chronically slick due to moisture, mold, and algae, Devon litigated in Alleghany County Circuit Court and achieved a successful resolution.
  • Working with renowned animal behavior expert Temple Grandin, Devon designed successful tort claim theories for co-counsel against a beef processor, assisting a cattle rancher who suffered disabling injuries while unloading his own steer at the processor’s lot.
  • As part of trial team and on behalf of an injured steel worker client, Devon developed the expert evidence, briefed all pre-trial motions, and drove to successful result a catastrophic burn injury case involving defective product design claims for an Italian, electric-arc steel furnace at a Roanoke steel mill. See Treadway v. Danieli & C. Officine Meccaniche SpA, 2008 WL 5504710 (W.D. Va. 2008).
  • Munro litigated to six-figure settlement a senior client’s claim against Virginia (Department of Transportation) for arm and shoulder fracture injuries she suffered in a trip and fall at an interstate rest area, due to uneven and warped sidewalk.
  • Devon litigated to six-figure settlement a product liability action against the national distributor of a toy golf club arising from injuries when club head detached during child’s use and hit senior client in the eye.
  • Devon researched and designed for co-counsel the liability “roadmap,” including the key expert evidence, driving settlement of severe burn injury case based on defectively designed clothing product.

Business, Employment, and Consumer Litigation


  • Devon represented a beloved Roanoke / Salem allergy physician in a lawsuit against his former medical practice, which had attempted to use a noncompetition contract to keep him from practicing medicine in the Roanoke Valley and seeing his patients, winning a bench trial voiding the noncompete and permitting him to pursue his career. Fame v. Allergy & Immunology PLC, 91 Va. Cir. 66 (Roanoke City Circuit Court, 2015).
  • Representing the new employer of several construction and remodeling specialists sued for hiring them in violation of a noncompetition agreement, Devon won a pre-trial motion declaring the noncompete void and unenforceable. Consolidated Construction Services, Inc. v. Hage, et al., CL17-523 (Roanoke City Circuit Court, Nov. 9, 2018).
  • Devon Munro identified, designed, litigated to settlement a nationwide, collective Fair Labor Standards Act (FLSA) action by auditors across the United States for unpaid overtime against a national bank employer.
  • Representing a terminated employee of the Department of Veterans’ Affairs, Devon litigated past summary judgment on a claim of discrimination and disparate treatment against the United States under the Rehabilitation Act of 1973 (the federal statute prohibiting disability discrimination in federal agencies), resulting in a successful settlement prior to trial. Patton v. Shulkin, W.D. Va. No. 7:16-CV-00250, 2018 WL 1321589 (W.D. Va. Mar. 14, 2018).
  • Munro designed, litigated, and settled a whistleblower retaliation case involving a salesman terminated by national tax services company.
  • As co-counsel, Devon designed and litigated to multi-million dollar settlement a breach of contract claim for insurance company’s refusal to pay on lapsed life insurance policy, proving insurer contributed to causing the lapse by shifting to improper interest capitalization formula after policyholder borrowed against policy.
  • Devon designed, litigated, and settled a nationwide, consumer fraud class action against international eyewear retailer for fraudulent bait-and-switch “upsell” scheme at retail locations within a nationwide chain of department stores.
  • On behalf of a terminated maintenance worker, Munro brought and settled a whistleblower retaliation suit based upon termination for reporting and opposing state environmental violations by his employer, a large-scale food manufacturer.
  • Representing a local chapter of hard-nosed, visionary local union officers splitting off from the International United Steelworkers, who had been subverting their local bargaining process for leverage in other locations, Munro assisted the Covington Paperworkers Union Local 675 to form a new union, fight a three-year battle for representation of a 900-member bargaining unit, and to defeat the USW in two landmark, federal representation elections. Munro represented CPU 675 in a National Labor Relations Board trial to defend against allegations of irregularities in the first election, questioning over 30 witnesses, managing hundreds of exhibits, all with no advance discovery.
  • Devon brought and settled a Title VII Civil Rights Act case for racial discrimination against a Central Virginia HVAC company for hostile work environment and discriminatory termination of an African American employee.
  • Winning a bench trial in Bedford County Circuit Court, Devon defended an injured client against equity claims by a worker compensation insurer seeking reimbursement of significant medical expenses paid for treatment of personal injuries, defeating the claims. Yellow Transportation, Inc. v. Oakley, CH04021171-00 (Bedford Co. Cir. Aug. 18, 2006).
  • As co-counsel, Devon won a $200,000 jury verdict in federal, Title VII Civil Rights Act race discrimination case on behalf of terminated, African American conductor against CSX Transportation (subsequently reversed by Fourth Circuit installing “cat’s paw” legal theory permitting corporate supervisor’s willful blindness to managers’ racially disparate discipline). See Ray v. CSX Transp., Inc., 189 Fed. Appx. 154, 2006 WL 1443501 (4th Cir. 2006).

Appellate Victories in Virginia State and Federal Courts

  • Slusser v. Commonwealth, 74 Va. App. 761, 872 S.E.2d 223 (2022). Devon Munro briefed and argued the successful appeal charging legal error in the factors and calculation in an order of restitution against a Montgomery County defendant.

  • Richmond v. Volk, 291 Va. 60, 781 S.E.2d 191 (2016): On appeal from a dismissal of a Complaint by a client suffering personal injuries due to a prior attorney’s pleading error, Munro briefed and argued an appeal before the Virginia Supreme Court resulting reversal of a predecessor’s dismissed injury case on defendant’s plea of statute of limitations, later litigated to plaintiff verdict on remand.

  • Michael E. Siska Revocable Trust ex rel. Siska v. Milestone Development, LLC , 715 S.E.2d 21 (2011): On appeal from a demurrer ruling by Montgomery County Circuit Court (Christiansburg), Munro briefed and argued before the Court a successful appeal reversing the dismissal of a multi-million dollar derivative suit over breaches of fiduciary duties by a hotel company, representing a derivative, minority shareholder.
  • McCloskey v. Kane, 268 Va. 685, 604 S.E.2d 59 (2004): On an appeal of a summary judgment by the Augusta County Circuit Court, granting sovereign immunity to a defendant physician-contractor, Munro briefed and argued before the Virginia Supreme Court a successful appeal in a wrongful death / medical malpractice case against Western State mental hospital.
  • Devon Munro has also helped lawyers around the Commonwealth of Virginia by drafting their appellate briefs on their behalf in five additional, successful petitions and appeals to the Virginia Supreme Court, not mentioned by name due to confidentiality.



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