Tort Law

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

Admissions Plea-Statutes

See Va. Code § 8.01-418 indicating that plea of guilty or nolo contendere or forfeiture of collateral may be admissible.

 
See Va. Code § 8.01-418, which authorizes prior pleas in cases involving traffic infractions to be admissible in civil actions.

Admissions Plea- Cases

2008 Ayala v. Aggressive Towing and Transport, 276 Va. 169, 661 S.E.2d 480.

Admissions plea:In this auto accident case, defendant sought admission of plea of guilty of non-party. Such could only be admissible as a declaration against the penal interest of that non-party but defendant must show unavailability. In this case, defendant failed to use reasonable diligence to obtain live testimony of that non-party and as such the conviction is not admissible.

1989 Chodorov v. Eley, 239 Va. 528, 391 S.E.2d 68.

Rear-end accident. Defendant charged with following too close. He pled guilty. Defendant testified he paid fine to avoid inconvenience of going to court. Trial court properly refused instruction saying that payment constitutes admission of negligence since this would unduly emphasize this evidence and jury could conclude he paid it to avoid inconvenience.

1989 Koutsounadis v. England, 238 Va. 128, 380 S.E.2d 644.

Defendant allegedly fell asleep at wheel resulting in collision. Defendant’s vehicle was left obstructing lane and was struck by plaintiff. Defendant’s plea to reckless driving in first accident was admissible in plaintiff’s civil action.

1986 Wallen v. Allen, 231 Va. 289, 343 S.E.2d 73.

Guilty pleas to federal common carrier offenses should have been excluded since there was no evidence that such violations in any way contributed to accident.

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

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.

Evidence that plaintiff had paid fine on traffic charge was inadmissible in this personal injury case.

1967 Fulcher v. Mitlow, 208 Va. 34, 155 S.E.2d 362.

Admissions plea. Court records indicated defendant found guilty of related traffic charge. Police officer indicated that defendant pled guilty. Court excluded officer’s testimony and relied solely on court record.

1957 Kiracoffe v. Commonwealth, 198 Va. 833, 97 S.E.2d 14.

Prior disposition in juvenile court proceeding is not admissible.