Jones v. Williams
701 S.E.2d 405
| Va. | 2010Background
- Johnny Williams, a minor, alleged Dr. Jones breached the standard of care during delivery that resulted in Erb's palsy.
- McGuirt, an obstetric nurse, testified about fundal pressure and Dr. Jones's conduct during delivery.
- Dr. Jones died; Jones, as personal representative, defended the action.
- Circuit court admitted McGuirt's testimony despite Jones's Code § 8.01-397 challenge.
- Johnny relied on Williams’s testimony, but McGuirt’s corroboration argument rested on whether she was an “interested party.”
- The jury returned a verdict for Johnny awarding $1,750,000; appellate court to review the evidentiary ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McGuirt may corroborate Johnny’s testimony under Code § 8.01-397. | McGuirt is not an “interested party”; corroboration permissible. | McGuirt’s testimony is corroboration from an interested party or dependent on credibility. | McGuirt is not an interested party; corroboration proper; no error in admission. |
| Whether McGuirt qualifies as an “interested party” under Ratliff criteria. | McGuirt could be liable for contribution and thus an interested party. | McGuirt’s testimony is neutral; not grounds for interest. | McGuirt not an interested party under Code § 8.01-397; no error in ruling. |
| Whether the circuit court erred by denying motions to strike and to give a § 8.01-397 instruction. | Admissibility requires corroboration independent of Williams. | Testimony was properly corroborated and instruction unwarranted. | No abuse of discretion; rulings affirmed. |
Key Cases Cited
- Virginia Home for Boys & Girls v. Phillips, 279 Va. 279 (2010) (replaced rigid common law rule; corroboration requirement if adverse/interested party and essential element)
- Johnson v. Raviotta, 264 Va. 27 (2002) (witness providing basis for own liability not an ‘interested party’)
- Ratliff v. Jewell, 153 Va. 315 (1929) (interested party defined by several financial/liability interests)
- Bostic v. About Women OB/GYN, P.C., 275 Va. 567 (2008) (shoulder dystocia emergency context; referenced in discussion of standard of care)