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Expert Testimony Miscellaneous Cases Summarized

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 Expert Testimony Miscellaneous and the related topic of personal injury. For more information on Expert Witnesses see the pages on Wikipedia.

Expert Testimony Miscellaneous-Cases

2009 Kitt v. Crosby, 277 Va. 396, 672 S.E.2d 851.
When one party seeks to disqualify the expert of an opposing party because the expert had been previously retained by the first party, the analysis is whether it was objectively reasonable for the party who claims to have first retained the expert to conclude that a confidential relationship existed between that party and the expert and did that party disclose any confidential or privileged information to the expert. The party seeking disqualification has the burden on these issues.

2008 Coston v. Bio-Medical Applications of Virginia, Inc., 275 Va. 1, 654 S.E.2d 560.
Expert testimony miscellaneous.Plaintiff filed suit alleging that during the course of receiving dialysis treatment she was injured in a chair in which she was seated that collapsed to the ground. Even though this was a medical malpractice action no expert testimony is required.

2006 Riverside Hosp., Inc. v. Johnson, 272 Va. 518, 636 S.E.2d 416.
Plaintiff’s expert testified as to private rules and curriculum of the Defendant institution. The evidence was not offered to establish the standard of care but rather it was something that the expert considered and relied upon in terms of forming her own opinion as to standard of care. In addition, there was no objection made to this testimony. As such, it was admissible.

2001 Flora v. Shulmister, 262 Va. 215, 546 S.E.2d 427.
Expert testimony miscellaneous.Trial court abused its discretion by imposing monetary sanctions because of counsel’s failure to produce an autopsy report in response to request for documents. The attorney in this instance could have formed a reasonable belief that the report contained facts known and opinions held by an expert and therefore, was discoverable only pursuant to Rule 4:1(b)(4) and therefore, the imposition of sanctions is reversed. A litigant cannot discover expert opinions pursuant to a request for production of documents under general discovery rule.

2001 Turner v. Thiel, 262 Va. 597, 553 S.E.2d 765.
Expert testimony miscellaneous.Medical malpractice action. Expert witness who had consulted with plaintiff in this case was disqualified from testifying for defendant. Expert in this case had agreed with plaintiff’s counsel that he would review plaintiff’s medical records to assist with medical malpractice claim against defendants. He forwarded bill for review to plaintiff’s counsel, had phone consultation with plaintiff’s counsel, and plaintiff’s counsel disclosed confidential information to expert including counsel’s mental impressions and trial strategies. Decision to disqualify expert rests within sound discretion of court. In this case, fact that expert had no independent recall of having reviewed plaintiff’s case and did not recall any specifics of the case was immaterial to determination as to whether it was objectively reasonable for plaintiff’s counsel to conclude that confidential relationship existed. Witness was properly excluded.

1995 Stover v. Norfolk & W. Ry., 249 Va. 192, 455 S.E.2d 238.
Expert testimony miscellaneous. FELA Case. Plaintiff testified he was lifting lever to clear locking mechanism when it hung, causing him to use additional force to complete horizontal movement of lever. He testified he had no idea what caused it to hang up. Even with expert testimony, there was no evidence presented that instrument presented foreseeability of harm and as such there is no negligence.

1988 Norfolk & W. Ry. v. Sonney, 236 Va. 482, 374 S.E.2d 71.
It was error to not allow defense counsel to inquire of plaintiff’s expert as to number of patients doctor treated who were represented by plaintiff’s counsel. Anything tending to show bias may be drawn out of witness. In addition it was error for trial court to not allow defense counsel to explain why its examining physician only saw plaintiff once.

1983 Sachs v. Hoffman, 224 Va. 545, 299 S.E.2d 343.
Expert testimony was sufficient to support awards of damages for rental losses resulting from removal of equipment from building used for food processing and catering.

1967 Colonial Pipeline Co. v. Lohman, 207 Va. 775, 152 S.E.2d 34.
Party not bound by testimony of expert; case distinguished from testimony of party himself.

1964 Martin v. Penn, 204 Va. 822, 134 S.E.2d 305.
Opinion evidence, even though uncontradicted, is not conclusive.

1951 Andrews v. Appalachian Elec. Power Co., 192 Va. 150, 63 S.E.2d 750.
Since testimony of expert was uncontradicted and was not counter to any principle of law it was held conclusive.

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Expert Testimony Miscellaneous Cases Summarized

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