Safety and Health Reporter

Neuropsychological Exams

Brien Roche
These exams consists of a number of tests. They may be given orally by the examiner. Some are computer based. They are to measure how the patient performs a number …

Cross Examining Brain Injury Experts
Brien Roche

Brain injury experts may be either neurologists, neurosurgeons or neuropsychologists.  The proposed cross examination below is designed for the first two. Cross of a neuropsychologist must be further refined to avoid …

Uninsured Motorist Claims

Brien Roche
Auto Insurance Coverage for Uninsured Motorist Claims
Virginia allows people to drive uninsured as long as they pay the uninsured motorist fee to the state.  As a result, there are a number …

Vicarious Liability
Brien Roche

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

Successor Liability
Brien Roche

Successor liability claims are based upon a successor having assumed liability either expressly or through conduct.  An express assumption of liability is just that. A party says it is assuming liability.  An …

Multiple Sclerosis and Trauma

Brien Roche
I wish I could claim actual authorship of what follows.  But I cannot.  I don’t know who the author is of what follows. It is an article that I …

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 thought of as an act or statement by one party which causes another to change position to their loss.  Not all of those elements …

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
Tort-Collateral Source Cases
The collateral source rule is a rule of evidence.  It  says that any collateral or side payment made to the plaintiff is not admissible.  In other …

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