Safety and Health Reporter

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 …

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.  Vicarious …

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.  However I cannot.  Also I don’t know who the author is of what follows. However 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 …

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 …

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 …

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