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 collateral matters and the related topic of personal injury.
1991 Scott v. City of Lynchburg, 241 Va. 64, 399 S.E.2d 809.
Plaintiff was in market area where she was setting up vendor’s booths. She stepped off curb and fell, injuring herself. She had been in this area many times and was aware of the curb’s existence before accident. When plaintiff knows of existence of condition or without any reasonable excuse forgets about condition and falls, then she is guilty of contributory negligence as matter of law. That was ruling in this instance.
1963 Roanoke Hosp. Ass’n v. Hayes, 204 Va. 703, 133 S.E.2d 559.
Discretion of trial court as to admissibility of collateral matters testimony is entitled to much deference.
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