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 Proffer and the related topic of personal injury.   For more information on proffer issues see the page on Wikipedia.

Proffer-Cases

2012 Galumbeck v. Lopez, 283 Va. 500, 722 S.E.2d 551.
Only a unilateral avowal of counsel, if unchallenged or a mutual stipulation of the testimony expected constitutes a proper proffer.

1999 Holles v. Sunrise Terrace, Inc., 257 Va. 131, 509 S.E.2d 494.
Action involved rape of elderly person in adult care residence. Plaintiff sought to present evidence of Rape Trauma Syndrome and its effect on victim. Trial court excluded evidence on grounds that witness was not medical doctor. When testimony is excluded before it is presented, record must reflect a proper proffer showing what testimony would have been. Without such proffer, supreme court cannot determine admissibility of proposed testimony.

1998 Williams v. Harrison, 255 Va. 272, 497 S.E.2d 467.
Trial court limited cross-examination by plaintiff. Plaintiff did not proffer additional questions he intended to ask or additional testimony he expected to elicit, nor was he prevented from doing so by trial court. In absence of proffer issue will not be considered.

1997 Ripper v. Bain, 253 Va. 197, 482 S.E.2d 832.
In this legal malpractice action, plaintiff sought to introduce evidence of prior consistent statements under the so-called “recent fabrication” exception. The precise testimony of these witnesses on this subject is not presented by any meaningful proffer and as such Court cannot rule on this.

1995 Wood v. Bass Pro Shops, 250 Va. 297, 462 S.E.2d 101.
Defendant wished to conduct demonstration in front of jury. Trial court refused. Defendant made no proffer of proposed demonstration and therefore matter cannot be considered on appeal.