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 Impeachment Bias and the related topic of personal injury. For more information about impeachment see the pages on Wikipedia.

Impeachment Bias-Cases

2002 Sawyer v. Comerci, 264 Va. 68, 563 S.E.2d 748.

Impeachment bias.Medical malpractice action. Evidence was presented that witness for defendant had previously testified for defendant in another lawsuit. This association is potential evidence of bias which is always a relevant subject of inquiry in ascertaining previous relationship, feeling, and conduct of the witness. Great latitude should be allowed in this regard on cross-examination. Trial court improperly restricted the cross-examination.

1991 Sullivan v. Rixey, 241 Va. 512, 403 S.E.2d 346.

Impeachment bias.Under circumstances witness’s potential bias as employee of defendant’s insurance company bore directly on weight to be given to her testimony, and it was error for court to refuse to allow plaintiff to inquire into employment. In this case witness’s testimony was clearly hostile to plaintiff and as such her potential bias was not collateral.

1988 Henning v. Thomas, 235 Va. 181, 366 S.E.2d 109.

Supreme Court ruled that it is proper to cross-examine expert witness on issue of whether he is doctor for hire.

1967 John Doe v. Simmers, 207 Va. 956, 154 S.E.2d 146.

Plaintiff and insurance adjuster gave conflicting testimony regarding ownership of vehicle involved in accident. Under circumstances, testimony of adjuster as to nature of coverage by his insurance company was admissible to show his bias or interest in outcome of case and bore upon his credibility as witness for defendant.

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

Witness testimony not incredible because of potential bias.

1956 Lake Barcroft Estates, Inc. v. McCaw, 198 Va. 242, 93 S.E.2d 124.

Defendant permitted to examine witness as to bias based on fact that he had filed suit against defendant for same reason.

1949 Lane v. Commonwealth, 190 Va. 58, 55 S.E.2d 450.

Pendency of other litigation between same parties which may be affected by outcome of present litigation may be admitted to show possible bias of party witness.