Tort Law

Brien Roche

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 Records-Business. For more information on business records see the pages on Wikipedia.  

Records-Business-Statutes

See Va. Code § 16-1-88.2, which allows use of medical records in evidence upon sworn statement of custodian in any action involving dispute with health care provider in court not of record.

See Va. Code § 16-1-88.2 clarifying that reports of all health care providers can be admitted into evidence in district court civil actions without physical appearance of provider.

Records-Business-Cases

1990 Ford Motor Co. v. Phelps, 239 Va. 272, 389 S.E.2d 454.

Products liability action involving defect in auto. Complaints made by other customers about this model were not made in regular course of business but were made by consumers for personal reasons. Therefore, complaints admissible only for limited purpose of notice.

1979 “Automatic” Sprinkler Corp. v. Coley & Peterson, Inc., 219 Va. 781, 250 S.E.2d 765.

Verified regular entries may be admitted without requiring proof from original observers or recordkeepers under “Shopbook Rule.” There must be proof that document comes from proper custodian and that it is record, kept in ordinary course of business, made contemporaneously with event by persons having duty to keep true record. Final test in each case is whether documents sought to be introduced are type of records which are relied upon by those who prepare them or for whom they are prepared.

1975 Neeley v. Johnson, 215 Va. 565, 211 S.E.2d 100.

Exception to hearsay rule known as business records exception or “Shopbook Rule” is restricted to facts or events within personal knowledge and observation of recorder and does not extend to opinions and conclusions of physicians or others recorded in hospital records.

1963 Dalton v. Johnson, 204 Va. 102, 129 S.E.2d 647.

Virginia has adopted “Shopbook Rule” which allows in given cases admission of verified regular entries without requiring proof of original observers or recordkeepers as recognized exception to hearsay rule.

1950 E.I. Du Pont DeNemours & Co. v. Universal Moulded Prods. Corp., 191 Va. 525, 62 S.E.2d 233.

Virginia has adopted modem “Shopbook Rule” allowing, in given cases, admission of verified regular entries without requiring proof from original observers or recordkeepers as recognized exception to hearsay rule.