O'Dell v. Cedar Lakes, L.P.

By Judge M. Langhorne Keith

Mr. Brincefield raises two issues for decision by the Court. First, does Va. Code Ann. § 8.01-399 preclude defendant from calling plaintiffs treating physician as an expert witness? Second, can defendants question Ms. O’Dell concerning a statement she prepared for her attorney?

I. Va. Code Ann. §8.01-399

Without their consent, this section bars the testimony of the O’Dells’ treating physician “respecting any information which [their doctor] may have acquired in attending, examining, or treating [the O’Dells] in a professional capacity.” The bar is not absolute, and…