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 Reopening of Case. For more information on personal injury litigation see the pages on Wikipedia. 

Reopening of Case-Cases

2007 Reifman v. Gorsen, 273 Va. 445, 643 S.E.2d 197.

In this medical malpractice action, plaintiff moved to admit an exhibit that had been identified during trial after the evidence was closed, the parties had rested, an alternate juror had been excused, the court had instructed the jury, and the jury had retired to consider its verdict. Although it may have been within the court’s discretion to have reopened the trial for that purpose, it was not an abuse of discretion to refuse to do so.

1961 Fink v. Higgins Gas & Oil Co., 203 Va. 86, 122 S.E.2d 539.

Trial court discretion to reopen case is to be liberally exercised to allow whole case to be presented.

1958 Laughlin v. Rose, 200 Va. 127, 104 S.E.2d 782.

Reopening of case and admission of additional evidence is within discretion of trial court and this will not be reversed unless it is abuse of discretion or works surprise or prejudice to opposing side.