GRAY v. RHOADS

No. 031852.

597 S.E.2d 93 (2004)

268 Va. 81

Abraham GRAY, Jr., Administrator for the Estate of Frederick Gray, Deceased v. Douglas RHOADS, Individually and as Captain of the Police Department of Albemarle County, et al.

Supreme Court of Virginia.

June 10, 2004.


Attorney(s) appearing for the Case

Deborah C. Wyatt, Charlottesville (Richard Armstrong; Wyatt & Armstrong, on briefs), for appellant.

Mark D. Obenshain, Harrisonburg (Patrick C. Asplin, Charlottesville; Keeler Obenshain, on brief), for appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and STEPHENSON, S.J.


KINSER, Justice.

The provisions of Code § 8.01-404 prohibit the use of certain types of prior written statements to contradict a witness in a personal injury or wrongful death action. In this appeal, we decide whether that statutory prohibition prevents a plaintiff from introducing prior written statements into evidence as party admissions during the plaintiff's case-in-chief. Concluding that this statute does not prohibit such use of prior written statements...

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