Monthly Archives: December 2019

Brien Roche Law > Blog > 2019 > December
Multiple Sclerosis and Trauma

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 found in one of my files.  The article is meritorious and … Continue reading

Dead Man’s Statute

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. Being unable to testify may be a result of injury, amnesia, treatment, medication … Continue reading

Estoppel

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 must be present for every type of estoppel.     If you have ever … Continue reading

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.  In other words a collateral source is a payment from an insurer, 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

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