Diehl v. Butts

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.

n.

Susan Gale Knight Dunlap filed this action as the wife and guardian for Francis Joseph Dunlap, Sr., incompetent, against Dr. Edward B. Butts, alleging that he breached the standard of care owed to her husband. At a jury trial, the litigants adduced the following evidence which is relevant to our disposition of this appeal.

Mr. Dunlap fell from his bicycle and…