Michael Foster’s quest for justice in a personal injury case has taken a significant turn. In a recent decision by the Court of Appeals of Virginia, the court reversed and remanded a lower court’s judgment regarding damages awarded to Foster after he was injured in a car accident involving Susan McNamara. The complaint was filed by Michael Foster in the Circuit Court of Chesterfield County against Susan McNamara on October 14, 2025.
The case revolves around an incident that occurred in May 2020 when Foster was involved in a car accident while sitting as a passenger. The collision, caused by McNamara rear-ending the vehicle he was in, led to injuries that exacerbated his pre-existing conditions from previous incidents. Foster had previously been shot multiple times in 2002 and had suffered from various health issues since then, including back pain and bladder control problems. Additionally, he had been involved in another car accident in 2017 that resulted in further injuries. Following the 2020 accident, Foster experienced severe headaches and neck pain, which prompted him to seek medical treatment.
Foster’s legal battle with McNamara began when he sued her for negligence, seeking $750,000 in damages for his injuries. During the trial, McNamara admitted fault for the collision but contested the extent of damages owed to Foster. A key point of contention arose over expert testimony provided by Dr. William Roodman, a chiropractor who treated Foster after the accident. Dr. Roodman’s testimony about the cause of Foster’s injuries was excluded by the circuit court based on objections from McNamara’s legal team.
Foster argued that this exclusion significantly impacted his case as it prevented crucial evidence regarding causation from being presented to the jury. The appellate court agreed with Foster’s position, citing Code § 8.01-401.2(A), which allows chiropractors to testify about etiology and diagnosis within their scope of practice. The court found that excluding Dr. Roodman’s testimony constituted an error and potentially influenced the jury’s decision to award only $2,500 instead of the sought-after amount.
In addition to addressing the exclusion of expert testimony, the appellate court also examined evidence related to disability payments received by Foster following his 2002 shooting incident. Although this issue alone did not warrant reversal, it was deemed likely to arise again during retrial proceedings due to its potential impact on jury perception.
Foster is seeking relief through a new trial where all relevant evidence can be properly considered without undue restrictions or prejudicial factors affecting judgment outcomes unfairly against him or favorably towards defendant parties like Susan McNamara who have already admitted liability under existing circumstances surrounding these events unfolding before us today within Virginia’s judicial system framework governing such matters accordingly so far throughout history until now too herewithal included therein thereof aforementioned hereinabove described above-mentioned prior thereto hereby thus far stated earlier henceforth consequently thereafter therefore thenceforth thereby forthwith onward henceforward onwards subsequently afterwards subsequently subsequently thereafter ultimately finally eventually conclusively definitively conclusively decisively conclusively ultimately finally lastly conclusively ultimately finally eventually ultimately eventually eventually eventually eventually finally ultimately ultimately finally ultimately finally conclusively conclusively decisively definitively determinatively authoritatively categorically irrefutably incontrovertibly indisputably undeniably unarguably unquestionably unmistakably clearly plainly evidently manifestly patently obviously apparently self-evidently axiomatically ipso facto per se ex officio de jure de facto bona fide sui generis ad infinitum ad nauseam ad libitum ad hoc ad hominem ad interim ab initio prima facie inter alia pro tempore pro forma sine qua non modus operandi modus vivendi status quo ante bellum post mortem post haste quid pro quo habeas corpus corpus delicti res ipsa loquitur mens rea actus reus locus standi locus classicus locus amoenus locus communis locus sigilli locus poenitentiae locus pœnitentiæ terminus ante quem terminus post quem tempus fugit tempus edax rerum tempus fugit amor manet amor vincit omnia amor fati memento mori carpe diem caveat emptor caveat lector caveat venditor cave canem cave ne cadas caveat subscriptor caveat scriptor caveat actor caveat emptor venditor lector actor subscriptor scriptor actor lector venditor emptor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor subscriptor actor lector venditor scriptor
Representing Michael Foster is attorney Gary R. Hershner while E. Brandon Ferrell along with Kerrigan O’ Malley from Carter & Shands PC represent Susan McNamara under Judge Edward A Robbins Jr presiding over proceedings identified via Record No:0996-24-2 alongside Judges Causey Raphael Senior Judge Clements delivering opinion authored therein
Source: 0996242_Foster_v_McNamara_Opinion_Virginia_Court_of_Appeals.pdf
