Yearly Archives: 2019

Contributory Negligence Bar

Contributory Negligence Bar-Substantial Fault Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. The exception to that is where the plaintiff’s own evidence gives rise to this defense. In that … Continue reading

Collateral Source Cases

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.  A collateral source is a payment from an insurer, a governmental entity, a … Continue reading

Company Rules

Company rules are not relevant to prove standard of care. That at least has been the view of the Supreme Court. In Pullen v. Nickens, 226 Va. 342, 350 (1983), the Court said that private rules are not proof of … Continue reading

Fiduciary Duty

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 something of value that he is holding on behalf … Continue reading

Craving Oyer

Complete Analysis 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 an important document.  In most cases that important document is the contract … Continue reading

Apparent Agency

Apparent agency means just what the term says.  That is, someone appears to be the agent of another.  What appears to be however is not always so.   Apparent Agency and Estoppel Sometimes apparent agency is referred to as agency by … Continue reading

Contract Litigation

A contract is an agreement between two or more people for consideration.  Consideration is the tit-for-tat.  It is the quid pro quo.  In a more common sense way, it is simply the meat of the bargain.   Meeting of the Minds … Continue reading

Accident Investigation

Ordinary Course of Business As part of most  injury cases there is an investigation done by the insurer if there is one. Certainly most insurers take statements and photos as part of the ordinary course of their claims business.  In … Continue reading

Electronic Data Records

Electronic data records can come in several forms. There is another posting  on this website dealing with electronic data records relating to vehicles. On a vehicle that data may be recorded on what some people call the “black box”, the … Continue reading

Jury Research

Online jury research is a powerful tool. The process of asking questions of jurors prior to them being selected is helpful. Any such questioning however tends to be somewhat shallow. In addition most judges in Virginia limit the amount of … Continue reading

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