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State court of last resort · ST-VA-SC
Shumate v. Mitchell
No. 180012Supreme Court of Virginia
180012 Shumate v. Mitchell 12/20/2018 In a rear-end intersection collision personal injury action, the trial court did not err in admitting hearsay statements of the deceased defendant driver -- testified to b…
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180012 Shumate v. Mitchell 12/20/2018 In a rear-end intersection collision personal injury action, the trial court did not err in…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- December 20, 2018
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180012 Shumate v. Mitchell 12/20/2018 In a rear-end intersection collision personal injury action, the trial court did not err in admitting hearsay statements of the deceased defendant driver -- testified to by his son who was not at the scene of the collision but heard his father make these post-collision statements -- because Virginia's Dead Man's Statute, Code § 8.01-397, provides that in any action by or against a deceased or disabled person, all memoranda or declarations of that person are admissible, so long as they are relevant to a matter in issue. The corroboration requirement in the first portion of the statute is inapplicable to this broad suspension of ordinary hearsay principle…
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