Shumate v. Mitchell

The Supreme Court held that Virginia’s Dead Man’s Statute, Va. Code 8.01-397, permits admission of a decedent’s hearsay statements offered by the defense in a personal injury action brought against the decedent’s estate and that the circuit court did not err in refusing to vacate the jury’s verdict of no damages when the estate conceded liability.Specifically, the Court held (1) the circuit court did not err in admitting hearsay testimony recounting the decedent’s description of the collision under the Dead Man’s Statute; and (2) the circuit court did not err in refusing to set aside the jury’s verdict of no damages as contrary to the law and evidence presented. View "Shumate v. Mitchell" on Justia Law