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 Hearsay Miscellaneous and the related topic of personal injury. For more information about hearsay see the pages on Wikipedia.

Hearsay Miscellaneous-Cases

2011 Ruhlin v. Samaan, 282 Va. 371, 718 S.E.2d 447.
Prior consistent statements made by plaintiff to his wife were not admissible since they are hearsay.

2004 Chandler v. Graffeo, 268 Va. 673, 604 S.E.2d 1.
In this medical malpractice action, defendant doctor sought to offer opinion of non-testifying physician to whom he spoke and who agreed with defendant doctor that it was safe to discharge plaintiff from the hospital. Defendant contends that testimony was not offered to prove the truth of the assertion. That is the only reason for which it could have been offered and it is hearsay.

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.

1993 Ingles v. Dively, 246 Va. 244, 435 S.E.2d 641.
Defamation action. Trial court admitted newspaper article which contained comments of trial judge in criminal case as to merits of prosecution. Prejudicial effect of that article outweighed any probative value and as such was error to admit that article.

1988 State Farm v. Scott, 236 Va. 116, 372 S.E.2d 383.
Hearsay is evidence offered in court to show truth of matter asserted and thus resting for its value upon credibility of out of court asserter.

1987 C. & P. Tel. v. S & R, Inc., 234 Va. 492, 362 S.E.2d 723.
Trial court improperly allowed counsel to proffer hearsay evidence.

1986 Gray v. Graham, 231 Va. 1, 341 S.E.2d 153.
Prior testimony is admissible if: (1) party against whom it is offered, or his privy, was party in former trial, (2) issue is substantially same in both cases, (3) witness who proposes to testify to former evidence is able to state it with satisfactory correctness, (4) sufficient reason is shown why original witness is not produced. Testimony by witness in criminal proceeding was admissible in this civil proceeding where witness had died.

1983 Taylor v. Maritime Overseas Corp., 224 Va. 562, 299 S.E.2d 340.
Official Coast Guard report was held to be within official written statement exception to hearsay rule, per Va. Code § 8.01-390. Report not available because not properly authenticated.

1963 Graham v. Danko, 204 Va. 135, 129 S.E.2d 825.
Ordinarily proof of statements made by witness out of court are not admissible to corroborate his testimony in court unless his credibility has been attacked on ground that his story is recent fabrication or that he has some motive for perjury.

1958 Williams v. Morris, 200 Va. 413, 105 S.E.2d 829.
Prior statement which had been transcribed was hearsay and as such was not admissible. Witness who heard statement however might be called as impeachment witness. But such testimony would be admissible only against declarant.

1958 Haycox v. Dunn, 200 Va. 212, 104 S.E.2d 800.
Hearsay miscellaneous.Testimony may be inadmissible as hearsay even though it is declaration of witness on stand. Such prior statements are not admissible in corroboration of his testimony at least until attack has been made on his credibility.

1956 Coureas v. Allstate Ins. Co., 198 Va. 77, 92 S.E.2d 378.
Hearsay miscellaneous.Whenever assertion of any person other than that of witness himself in his present testimony is offered to prove truth of matter asserted, evidence so offered is hearsay.

1952 Selfe v. Hale, 193 Va. 543, 69 S.E.2d 434.
Hearsay miscellaneous.Plaintiff could not testify as to what her doctors told her in regard to treatments and operation necessary for her care. To allow this was reversible error for such evidence was clearly hearsay and inadmissible.

1945 Greenland Corp. v. Allied, Inc., 184 Va. 588, 35 S.E.2d 801.
Hearsay miscellaneous.Witness not allowed to testify as to investigation conducted by someone else.

1944 Kirby v. Moehlman, 182 Va. 876, 30 S.E.2d 548.
Hearsay miscellaneous.Plaintiff told her doctor on first visit how her problem came about. Doctor may testify to this at trial.