Legal Opinion

Castle v. Lester

Supreme Court of Virginia

Decided November 3, 2006No. Record 052679PublishedCited by 14 opinions

1Opinion of the Court

OPINION BY Justice CYNTHIA D. KINSER.

In this medical-malpractice claim by a mother for injuries arising from the birth of her neurologically impaired child, the defendant-doctor asks the Court to reconsider its holding in Bulala v. Boyd, 239 Va. 218 , 389 S.E.2d 670 (1990). We find no reason to overrule that decision and therefore conclude that the trial court did not err in instructing the jury "that injury to an unborn child in the womb of the mother is to be considered as physical injury to the mother." We also conclude that the trial court did not err in admitting evidence relevant to the…

2Cases cited15 opinions

  1. Naccash v. BurgerSupreme Court of Virginia · 1982
  2. Selected Risks Insurance v. DeanSupreme Court of Virginia · 1987
  3. Bulala v. BoydSupreme Court of Virginia · 1990
  4. Pulliam v. Coastal Emergency Services of Richmond, Inc.Supreme Court of Virginia · 1999
  5. Lawrence v. Craven Tire Co.Supreme Court of Virginia · 1969

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3Cited by14 opinions

  1. Hawthorne v. VanMarterSupreme Court of Virginia · 2010
  2. Westlake Properties v. Westlake Pointe Ass'nSupreme Court of Virginia · 2007
  3. C.R.M. v. United StatesDistrict Court, E.D. Virginia · 2020
  4. Harris v. SchirmerRoanoke County Circuit Court · 2016
  5. Jason Patillo, s/k/a Jason L. Patillo v. Commonwealth of VirginiaCourt of Appeals of Virginia · 2010

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