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DIEHL v. BUTTS

Record No. 971090.

499 S.E.2d 833 (1998)

255 Va. 482

Irene M. DIEHL, Administratrix of the Estate of Francis Joseph Dunlap, Sr., Deceased v. Edward B. BUTTS, M.D.

Supreme Court of Virginia.

April 17, 1998.

Attorney(s) appearing for the Case

Thomas J. Harlan, Jr. (John M. Flora; Harlan & Flora, on briefs), Norfolk, for appellant.

A. William Charters (John A. Heilig; Heilig, McKenry, Fraim & Lollar, on brief), Norfolk, for appellee.

Present: All the Justices.

HASSELL, Justice.

I.

The primary issue that we consider in this appeal of a judgment entered in a medical malpractice action is whether Code § 8.01-397, commonly referred to as the dead man's statute, barred the admission of the defendant's testimony.

II.

Susan Gale Knight Dunlap filed this action as the wife and guardian for Francis Joseph Dunlap, Sr., incompetent, against Dr. Edward B...

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