Safety and Health Reporter

Neuropsychological Exams

Brien Roche
These exams must be done by a neuropsychologist who is a licensed clinical psychologist i.e. a health care provider. Rule 4:10 requires such. The exams are a number of tests. …

Cross Examining Brain Injury Experts
Brien Roche

Brain injury experts may be either neurologists, neurosurgeons, physical medicine doctors or neuropsychologists.  The proposed cross examination below is designed for the first three. Cross of a neuropsychologist must be …

Vicarious Liability
Brien Roche

The concepts of vicarious liability and scope of employment are related.  However they are not identical.  If one is within the scope of employment then there will be vicarious liability.  …

Successor Liability
Brien Roche

Successor liability claims are based upon the idea of one entity/individual acquiring assets of a seller resulting in the seller avoiding to have to pay a creditor. The successor does not …

Dead Man’s Statute

Brien Roche
The Virginia Dead Man’s Statute is misnamed.  It really doesn’t apply just to dead men.  Rather it applies to cases where a person is not able testify. …

Estoppel

Brien Roche
An estoppel is an act or statement by one party which causes another to change position to their loss.  Not all of those elements must be present …

Contributory Negligence Bar

Brien Roche
Contributory Negligence Bar-Substantial Fault

Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. …

Collateral Source Cases

Brien Roche
Collateral Source Cases-Tort
The collateral source rule is a rule of evidence.  It should be called the source of payment rule. It says that any collateral or side …

Fiduciary Duty

Brien Roche
Fiduciary Duty Cases
The word ‘fiduciary’ literally means purse. A fiduciary duty relates to a purse or money. That is, something of value. The person who has the fiduciary duty has …

Craving Oyer

Brien Roche
Complete Analysis of Craving Oyer
A motion craving oyer is an old form of pleading in Virginia.  The purpose is to compel the other party to attach to the initial pleading …

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