SANTEN v. TUTHILL

Record No. 021781.

578 S.E.2d 788 (2003)

265 Va. 492

Michael SANTEN v. Robert TUTHILL, t/a Winchester Family Billiards, et al.

Supreme Court of Virginia.

April 17, 2003.


Attorney(s) appearing for the Case

Christopher M. Dove (Daniel J. Travostino, on brief), Leesburg, for appellant.

Robert L. Garnier, Falls Church; Richard Thorsey (E. Eugene Gunter; Garbier & Garnier; Kalbaugh, Pfund & Messersmith, Fairfax, on briefs), for appellees.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER and LEMONS, JJ., and COMPTON, S.J.


OPINION BY Justice CYNTHIA D. KINSER.

The primary issues in this appeal concern the admissibility of certain evidence in a civil proceeding, specifically: (1) a defendant's guilty plea in general district court when the defendant subsequently appeals the conviction to circuit court; (2) the result of a preliminary breath test; and (3) testimony of an expert toxicologist. Because the guilty plea was annulled by the appeal to circuit court and because there was not...

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