Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of admissions of fault or admissions fault and the related topic of personal injury.For more information on the topic of admissions see the page on Wikipedia.

Admissions Fault-Cases

2004 Gray v. Rhoads, 268 Va. 81, 597 S.E.2d 93.

Admissions fault.In this police shooting case, plaintiff sought to offer prior written statements of police officers into evidence during plaintiff’s case. Defendant objected on the grounds of Va. Code § 8.01-404, which prohibits the use of certain types of prior written statements to contradict a witness. That statute did not bar the admissibility of these statements. Pursuant to a pre-trial order, plaintiff identified these statements as exhibits. The pre-trial order also directed the parties to file objections to exhibits except those based on relevance five days before trial. Defendants did not file any objections to these exhibits. In this case, the statements were not being used to impeach but were being used as affirmative evidence during the plaintiff’s case in chief and therefore, they were admissible.

2003 Santen v. Tuthill, 265 Va. 492, 578 S.E.2d 788.

Admissions fault.In this civil action for assault, defendant had previously pleaded guilty in General District Court in criminal proceeding but then appealed to the circuit court. That appeal in and of itself, nullifies the previous plea of guilty and as such, that plea of guilty is not admissible in the subsequent civil proceeding. If the defendant had testified as to his guilt, however, that would be admissible.

1995 Yeager v. Adkins, 250 Va. 1, 458 S.E.2d 467.

Failure to appear in General District Court for traffic summons does not constitute forfeiture within meaning of Virginia Code § 8.01-418. Subsequent conviction in General District Court was not admissible in this personal injury action.

1995 Lyle, Siegel v. Tidewater Capital Corp., 249 Va. 426, 457 S.E.2d 28.

Admissions fault.During course of settlement discussions, plaintiff alleged that defendant admitted liability. Admission during settlement negotiations of independent fact pertinent to question in issue is admissible. Likewise, express admission of liability made during settlement discussions is admissible. In this case, there was no such admission and therefore evidence of such should not have been presented to jury.

1990 Cofield v. Nuckles, 239 Va. 186, 387 S.E.2d 493.

Defendant traveling in curb lane during rush hour. Defendant admitted he was not supposed to be traveling in curb lane. This admission does not make the act illegal. Party may concede facts but not law. Since law did not indicate this was illegal, trial court was incorrect in ruling defendant negligent as a matter of law.

1971 Bagley v. Weaver, 211 Va. 779, 180 S.E.2d 686.

Admissions fault.Not error to admit evidence in civil case that defendant voluntarily entered plea of guilty to charge of reckless driving growing out of accident.

1971 Leonard v. John Doe, 211 Va. 722, 180 S.E.2d 527.

Defendant improperly said in opening statement that plaintiff had “paid a fine” on traffic charge. Court later ruled evidence admissible. Although this was error, plaintiff who thereafter introduced evidence on subject cannot be heard to complain that it was admitted.

1959 Pannell v. Fauber, 201 Va. 3 80, 111 S.E.2d 445.

Auto accident. Passenger in first car made claim against insurance company of driver of second car. Insurance company settled and then filed contribution claim against first driver. Admission of joint negligence in contribution claim are not admissible against second driver in separate lawsuit arising out of accident.

1958 Gammon v. Hyde, 199 Va. 918, 103 S.E.2d 221.

Admissions fault.Defendant admitted at time of accident that accident was his fault. At trial he qualified this by stating that he meant to say he was only partially at fault and codefendant was also at fault. It was error to allow this qualification since it involved expression of opinion.

1953 Lloyd v. Green, 194 Va. 948, 76 S.E.2d 190.

Admissions fault.Where plaintiff in post-accident statement expressed opinion that nonparty was at fault, statement admissible.