Tort Law


Fairfax Injury Lawyer Brien Roche Addresses Stipulation Cases

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 Stipulation.  

2001 Lombard v. Rohrbaugh, 262 Va. 484, 551 S.E.2d 349.

Trial court properly allowed plaintiff’s counsel to inquire into relationship between defense examiner and insurance carrier for defendant, as to their financial relationship. In this case, defense examiner had received over $100,000 in payments from the insurance carrier during one year. Mention of insurance in that context was permissible. During deposition, counsel for insurance carrier had stipulated to correctness of payments in lieu of further discovery to differentiate forensic payments, from payment for medical services. That stipulation was deemed to be binding on all parties since it was reached during the course of a deposition with the court’s acceptance.

1988 Ellett v. Johnson, 236 Va. 190, 372 S.E.2d 153.

Defense counsel stipulated to proximate cause in open court. It was error for trial court to include this issue in jury instructions as something to be decided by jury.

1981 Southeastern Tidewater Auth. v. Coley, 221 Va. 859, 275 S.E.2d 589.

Admissions and stipulations made in good faith should be encouraged and party should not be permitted to assert at trial contrary contention.

1948 Mulkey v. Firth Bros. Iron Works, 188 Va. 451, 50 S.E.2d 404.

Stipulations are everywhere favored by courts.

1946 Harris v. Diamond Constr. Co., 184 Va. 711, 36 S.E.2d 573.

Admissions and stipulations made in good faith are encouraged.

For more information on stipulation see the pages on Wikipedia.


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