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 Hypothetical Questions and the related topic of personal injury. For more information about hypothetical questions see the pages on Wikipedia.

Hypothetical Questions-Cases

1985 Cantrell v. Commonwealth, 229 Va. 387, 329 S.E.2d 22.

Criminal case. Hypothetical questions are unnecessary where expert testifies from his own knowledge of facts disclosed in his testimony.

1979 Petress v. Seay, 219 Va. 1053, 254 S.E.2d 91.

Based on instructions establishing law of case, plaintiff was not prejudiced by hypothetical question regarding deceleration of motor vehicle or answer thereto.

1968 State Farm Ins. Co. v. Futrell, 209 Va. 266, 163 S.E.2d 181.

No need to ask hypothetical of treating physician where such information could have been acquired by direct inquiry.

1963 Ames & Webb, Inc. v. Commercial Laundry Co., 204 Va. 616, 133 S.E.2d 547.

Although hypothetical question must embody all material facts that evidence tends to prove, this principle must be sensibly applied with reference to status of proof.

1951 Portsmouth v. Culpepper, 192 Va. 362, 64 S.E.2d 799.

Objection to hypothetical properly sustained since it was not based on evidence in case and was incomplete in that it did not take into consideration all factors necessary for intelligent answer.

1950 Tate v. Chumbley, 190 Va. 480, 57 S.E.2d 151.

Hypothetical question to expert must embody all material facts which evidence tends to prove as to which there is no conflict in evidence, together with other evidence relied upon by questioner for determination of such issue in his favor. Hypothetical questions should not recite what prior witnesses have testified to but merely should recite and assume as true facts testified to.