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PAUL v. GOMEZ

No. 1:99CV00166.

118 F.Supp.2d 694 (2000)

Patrice B. PAUL, etc., Plaintiff, v. Roy C. GOMEZ, M.D., Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

October 27, 2000.

Attorney(s) appearing for the Case

Mary Lynn Tate, The Tate Law Firm, Abingdon, VA, Matthew Brundred Murray, Richmond and Fishburne, Charlottesville, VA, for Patrice B. Paul.

Thomas W. Farrell, Wooten & Hart, Roanoke, VA, for Roy C. Gomez, M.D.

OPINION AND ORDER

JONES, District Judge.

The question for resolution is whether the Virginia Dead Man's Statute applies to prevent the defendant physician from testifying to his version of the treatment he gave his patient, where the patient is now deceased, but where the patient's wife was present and will testify as to the alleged negligent treatment. Based on the history and purpose of the Virginia statute, I find that it does not exclude the doctor's...

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