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 credibility and the related topic of personal injury.  For more information on credibility issues see the pages on Wikipedia. 

Credibility-Cases

1995 Payne v. Carroll, 250 Va. 336, 461 S.E.2d 837.

Fact of prior conviction of felony may be shown against party-witness in civil case as bearing on credibility but name of felony, other than perjury, and details may not be shown.

1993 Phelps v. Farm Mut. Auto Ins. Co., 245 Va. 1, 426 S.E.2d 484.

Credibility.Trier of fact may not arbitrarily disregard uncontradicted evidence of unimpeached witnesses that is not inherently incredible and not inconsistent with facts in record. In this case, testimony of witnesses was all consistent and therefore could not be arbitrarily disregarded by trier of fact.

1990 Luck v. Miller, 240 Va. 445, 397 S.E.2d 869.

Credibility. Whenever character of witness for truth is attacked by direct evidence, proof of contradictory statements in regard to material facts, or whenever his character for truth is impeached in any way known to law, then evidence of that witness’s general reputation for truthfulness may be allowed. In this case it was reversible error to exclude that evidence.

1986 Morris v. Royal Globe Ins. Co., 230 Va. 498, 338 S.E.2d 642.

Credibility. Trier of fact may not arbitrarily disregard uncontradicted evidence of unimpeached witnesses that is not inherently incredible and not inconsistent with facts in the record, even though such witnesses are interested in outcome of case.

1973 Williams v. Vaughan, 214 Va. 307, 199 S.E.2d 515.

Credibility. Uncontradicted testimony of unimpeached witness, unless inherently incredible, cannot be disregarded even though witness interested in outcome of suit.

1973 Johnson v. Slusher, 213 Va. 728, 195 S.E.2d 871.

Credibility at issue. Head-on collision. Evidence presented by plaintiff not incredible. Error to set verdict aside.

1972 Hodge v. American Family Life Assur. Co., 213 Va. 30, 189 S.E.2d 351.

Credibility at issue. Trier of fact may not arbitrarily disregard uncontradicted evidence of unimpeached witness that is not inherently incredible and not inconsistent with facts appearing in record, even though such witnesses are interested in outcome of case.

1970 Motley v. Doe, 210 Va. 428, 171 S.E.2d 239.

Credibility at issue. Auto accident involving phantom vehicle. For evidence to be incredible it must be so manifestly false that reasonable men ought not to believe it; or, it must be shown to be false by objects or things as to existence and meaning of which reasonable men should not differ.

1967 Tyree v. Lariew, 208 Va. 382, 158 S.E.2d 140.

Evidence is credible unless so manifestly false that reasonable men ought not to believe it.

1966 Stevens v. Summers, 207 Va. 320, 150 S.E.2d 83.

To be incredible evidence, it must be so manifestly false that reasonable men ought not to believe it; or, it must be shown to be false by objects or things as to existence or meaning of which reasonable men should not differ.

1965 Burnette v. McDonald, 206 Va. 186, 142 S.E.2d 495.

Credibility at issue. Although witness’s testimony was inconsistent it is not incredible as matter of law.

1964 Shiflett v. Timberlake, Inc., 205 Va. 406, 137 S.E.2d 908.

Testimony not incredible because of potential prejudice against defendant.

1963 Commonwealth v. McNeeley, 204 Va. 218, 129 S.E.2d 687.

To be incredible, evidence must be shown to be false by objects or things as to existence and meaning of which reasonable men should not differ.

1962 Simpson v. Broadway-Manhattan Taxicab Corp., 203 Va. 892, 128 S.E.2d 306.

Credibility at issue. Plaintiff’s evidence not inherently incredible. To be incredible it must be so manifestly false that reasonable men ought not to believe it; or, it must be shown to be false by objects or things as to existence and meaning of which reasonable men should not differ.

1959 Smith v. New Dixie Lines, 201 Va. 466, 111 S.E.2d 434.

Auto accident case. Courts are not required to believe that which is contrary to human experience. Here estimate as to speed and distance was not inherently incredible.

1959 Norfolk & W. Ry. v. Sykes, 200 Va. 541, 106 S.E.2d 734.

Credible and uncontradicted evidence cannot be properly disregarded.

1957 Washburn v. Dana, 199 Va. 579, 100 S.E.2d 708.

Plaintiff testified to failing to recall contents of letter which had been shown to defendant. Supreme Court recognized fact that memory is not infallible and refused to find plaintiff’s testimony incredible.

1957 Thompson v. Letourneau, 199 Va. 560, 101 S.E.2d 1.

To be incredible, evidence must be either so manifestly false that reasonable men ought not to believe it; or, it must be shown to be false by objects or things as to existence and meaning of which reasonable men should not differ.

1957 Williams v. Service, Inc., 199 Va. 326, 99 S.E.2d 648.

Plaintiff’s evidence was not inherently incredible and thus it was error to set plaintiff’s verdict aside.

1955 Barb v. Lowe, 196 Va. 1014, 86 S.E.2d 854.

Fact that estimates of distance are not mathematically correct does not render testimony inherently incredible.

1954 Daniels v. Transfer Co., 196 Va. 537, 84 S.E.2d 528.

To be incredible, evidence must be either so manifestly false that reasonable men ought not to believe it; or, it must be shown false by things as to existence and meaning of which reasonable men should not differ.

1953 Meek v. Graybeal, 195 Va. 381, 78 S.E.2d 593.

Plaintiff’s testimony on issue was unequivocal. Only other testimony was equivocal. Testimony was insufficient to support issue asserted against plaintiff.

1953 Wine v. Beach, 194 Va. 601, 74 S.E.2d 149.

Fact that testimony was not objected to means it is admissible but does not necessarily add to its probative effect.

1952 Silvey v. Johnston, 193 Va. 677, 70 S.E.2d 280.

Where testimony is uncontradicted there must be something to justify jury in discrediting it.

1951 Burke v. Scott, 192 Va. 16, 63 S.E.2d 740.

Auto accident. Physical facts did not render testimony incredible. To be incredible, evidence must be manifestly false.

1950 Esso Std. Oil Co. v. Stewart, 190 Va. 949, 59 S.E.2d 67.

Neither jury nor court is entitled to disregard uncontradicted and not inherently incredible testimony.

1950 Interstate Veneer Co. v. Edwards, 191 Va. 107, 60 S.E.2d 4.

Witness testified he saw rod hanging from vehicle. Within jury’s province to determine if incredible in light of witness’s opportunity for observation.

1949 Davis v. Webb, 189 Va. 80, 52 S.E.2d 141.

No contradictory oral evidence that vehicle being operated within speed limit. This does not mean evidence is conclusive on matter since there was nonoral evidence from which jury might conclude to contrary.

1944 Kirby v. Moehlman, 182 Va. 876, 30 S.E.2d 548.

Court may not find testimony incredible simply because it is not plausible.

1943 Stillman v. Williams, 181 Va. 863, 27 S.E.2d 186.

Testimony that person looked twice and did not see approaching car that is in plain sight is incredible.