Mikhaylov v. Sales

Opinion by Justice D. ARTHUR KELSEY.

Dmitry Mikhaylov appeals a final judgment against him in a civil jury trial, claiming the trial court misapplied principles of judicial estoppel and erroneously failed to exclude from evidence expert testimony that had not been previously disclosed during pretrial discovery. Agreeing with both assertions, we reverse and remand.

I

In September 2011, Mikhaylov pleaded guilty to assault and battery of Lisa Sales. See Code § 18.2-57. 1 A general district court accepted his plea and found Mikhaylov guilty. In 2013, Sales filed a civil suit against Mikhaylov…