Cherry v. D.S. Nash Construction Company

3 Citing cases

  1. Ligon v. Southside Cardiology Assoc

    519 S.E.2d 361 (Va. 1999)   Cited 3 times
    In Ligon, a civil case, the record contained no evidence of the defendant doctor's conduct on the occasion at issue, and the doctor himself had no independent recollection of the patient whose treatment was at issue.

    Instead, the focus of our analysis has been whether the proffered evidence is relevant to the issues at trial. See Cherry v. D.S. Nash Constr. Co., 252 Va. 241, 244-45, 475 S.E.2d 794, 796-97 (1996); Spurlin v. Richardson, 203 Va. 984, 989-90, 128 S.E.2d 273, 277-78 (1962); Jackson, 179 Va. at 650, 20 S.E.2d at 492. The reasoning we articulated in Jackson is persuasive in resolving the issue before us. There, a plaintiff brought a negligence action for personal injuries he sustained when the truck in which he was a passenger collided with a train.

  2. Stottlemyer v. Ghramm

    268 Va. 7 (Va. 2004)   Cited 10 times
    Holding "specific acts of bad conduct or prior acts of negligence" are not relevant to the issues in a medical malpractice case

    Evidence that a defendant was negligent on a prior occasion simply has no relevance or bearing upon whether the defendant was negligent during the occasion that is the subject of the litigation. Cherry v. D.S. Nash Construction Co., 252 Va. 241, 244, 475 S.E.2d 794, 796 (1996).         In this case, the issues before the jury were whether Dr. Ghramm performed an abdominal hysterectomy upon the plaintiff in accordance with the applicable standards of care and whether Dr. Ghramm obtained her informed consent for that procedure.

  3. Acuar v. Letourneau

    260 Va. 180 (Va. 2000)   Cited 76 times   1 Legal Analyses
    Holding that, under the collateral source rule, tortfeasor may not reduce a plaintiff's award by the amounts written off by plaintiff's healthcare providers

    " Davis v. Colgin, 219 Va. 5, 7, 244 S.E.2d 750, 751 (1978). Accord Cherry v. D.S. Nash Constr. Co., 252 Va. 241, 246, 475 S.E.2d 794, 797 (1996);Galbraith v. Fleming, 245 Va. 173, 175, 427 S.E.2d 187, 188 (1993). In Phillips v. Schools, 211 Va. 19, 175 S.E.2d 279 (1970), the plaintiff's attorney sought to cross-examine the defendant about a prior statement by making specific reference to an accident report.