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Tag Archives: Justice Stephen R. McCullough

Rezoning evidence admissible in taking case (access required)

Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a ...

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Professional discipline is usable for impeachment (access required)

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Lawyers need to choose their medical experts with care. That’s a key lesson from a new Supreme Court of Virginia decision, one lawyer said. The justices refused to overturn a patient’s verdict even though the jury was told that a ...

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Jury should have heard scope of employment issue (access required)

Where the trial court ruled, without hearing any evidence on the matter, that a nursing assistant was within the scope of his employment when he molested and raped an elderly nursing home resident, the trial court erred by removing this ...

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Justices part ways on vicarious liability (access required)

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The case of a nursing home patient raped by a staff member split the Supreme Court of Virginia in its position on vicarious liability. The justices largely agree that an employer’s liability under the doctrine of respondeat superior is best ...

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Any error in evidence proffer was harmless (access required)

Any error relating to the prosecutor’s proffer of evidence at appellant’s probation revocation hearing was harmless. The proffered evidence, a newspaper article that quoted the victim’s description of appellant’s actions, was not the only evidence of the nature of the ...

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