How to Make the Trial Fair New Rules Guidance Who Controls Your - PowerPoint PPT Presentation

How to Make the Trial “Fair” New Rules Guidance Who Controls Your Docket?

“ Every man (woman) is entitled to a fair trial… ” Oliver v. Commonwealth, 151 Va. 533 (1928)

Commonwealth v. Proffitt, p. 8 Sexual Violent Predator- jury trial • Trial Court, excluded two witnesses • SCV-reversed, testimony relevant and • material

Mikhaylov v. Sales, p. 13 • Mikhaylov pled guilty to assault-GDC • Defendant denied the assault at civil trial • Trial court instructed jury to disregard • Jury verdict, reversed-no bar to explain plea

JSR Mechanical v. Aireco, p. 5 • Case file was dormant four years, dismissed • Aireco sought reinstatement, denied • SCV reversed, “ may ” in code means “ shall ”

Edwards v. Vesilind, p. 6 • Trial court held GAV in contempt! • Failure to disclose work product • No contempt, work product protected under Speech or Debate Clause

Coutlakis v. CSX Transp., Inc., p. 22 • Victim struck by train, wearing earbuds • Demurrer sustained, victim contributed • SCV reversed, last clear chance may apply

Mayr v. Osborne, p. 22 • Surgeon operated on wrong body part • Patient filed complaint for a battery • SCV no C/A in tort, patient agreed to surgery

Johnston v. Wood & Associates, p. 7 • Employer terminated employee “ on the spot ” • Employee filed suit, demanded notice • SCV, no advance notice for “ at-will ” employee

Holiday Motor Corp. v. Walters, p. 23 • Mazda Miata, turned over and driver injured • Walters sued maker, jury gave $20 million • SCV reversed, no duty to design anti-rollover

Toraish v. Lee, p. 21 • Medical Malpractice/Wrongful Death Case • Defense Expert ’ s opinion, cause was genetics • Verdict for defense, reversed • Expert ’ s testimony, inadequate foundation

SunTrust Bank v. PS Business Parks, p. 13 • Garnishment dispute, creditor has “ burden ” • Trial Court shifted to SunTrust Bank, reversed • “ Burden of persuasion ” remains with creditor

Westlake Group v. Flynn, p. 16 • Law Firm got judgment against former client • Failed to get proper notice, judgment void • Firm filed garnishment, sanctioned at trial • SCV affirmed, Firm acted on a voided case

Gilliam v. Immel, p. 21 • Immel rear-ended Gilliam, conceded liability • Defendant ’ s doctor, opined no damages • Jury found for Gilliam, zero damages-affirmed • Trial court properly excluded racial slur

Elliott v. Carter, p. 21 • 13-year-old drowned during Scout trip • Estate filed suit for gross negligence • Leaders gave lessons earlier, futile rescue • SCV, no jury issue-some care was given

Parrish v. FNMA, p. 15 • Fannie Mae filed UD action in GDC • Parrish responded, court had no jurisdiction • SCV reversed, restored possession • Only circuit court can resolve title dispute

Pike v. Hagaman, p. 23 • Nurse was negligent, allowed patient to move • Defense was a special plea of immunity • SCV cites James v. Jane, four factors • Nurse granted immunity, all factors applied

Way v. Way, p. 25 • Party sought witness subpoena for trial • Clerk ’ s office failed to issue • Trial court denied continuance, lawyer dilatory