Ruhlin v. Samaan
282 Va. 371
| Va. | 2011Background
- Ruhlin sued Samaan for injuries from a motor-vehicle collision; Samaan admitted negligence proximate cause.
- The jury awarded Ruhlin $5,000 in damages; the trial focused on extent of a left shoulder injury.
- Ruhlin previously injured his shoulder before the accident and had prior medical treatment.
- During trial, Ruhlin’s post-accident shoulder complaints and pre-accident shoulder status were debated through medical records.
- A recorded telephone conversation with Samaan’s insurer on the accident date was introduced; Ruhlin testified inconsistencies existed about shoulder injury timing.
- The circuit court allowed a transcript of the recorded statement to refresh Ruhlin’s memory; the jury did not see the transcript.
- Samaan later sought to introduce Johanna Ruhlin’s testimony concerning Ruhlin’s prior consistent statements about shoulder pain, which the circuit court excluded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether using the transcript to refresh recollection violated § 8.01-404 | Ruhlin argues refreshing with the transcript was improper | Samaan argues refreshing is allowed and not an impeachment by the transcript | Allowed; no § 8.01-404 violation |
| Whether prior consistent statements of Ruhlin about shoulder pain were admissible | Ruhlin contends they rehabilitate credibility | Samaan argues no recent fabrication; statements inadmissible as hearsay | Excluded; no recent fabrication shown; not admissible to rehabilitate credibility |
Key Cases Cited
- Harris v. Harrington, 180 Va. 210, 22 S.E.2d 13 (Va. 1942) (impeachment limits on extrinsic affidavits/ statements in writing)
- Gray v. Rhoads, 268 Va. 81, 597 S.E.2d 93 (Va. 2004) (limits on use of prior written statements to contradict; refreshing allowed)
- Faison v. Hudson, 243 Va. 397, 417 S.E.2d 305 (Va. 1992) (prior consistent statements for credibility when used under proper conditions)
- McGann v. Commonwealth, 15 Va.App. 448, 424 S.E.2d 706 (Va. App. 1992) (refreshing recollection and memory aids; admissibility context)
- Honaker Lumber Co. v. Kiser, 134 Va. 50, 113 S.E. 718 (Va. 1922) (prior statements before litigation as basis for credibility)
- Anderson v. Commonwealth, 282 Va. 457, 717 S.E.2d 623 (Va. 2011) (pretrial motive and timing of statements affecting admissibility of prior consistent statements)