Shumate v. Mitchell

OPINION BY JUSTICE WILLIAM C. MIMS

In this appeal, we consider whether Virginia's Dead Man's Statute, Code § 8.01-397, permits admission of a decedent's hearsay statements offered by the defense in a personal injury action brought against the decedent's estate. We also consider whether the circuit court erred in refusing to vacate the jury's verdict of no damages when the estate conceded liability.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

When reviewing a circuit court's refusal to set aside a jury's verdict for the defense on damages, this Court views the evidence in the light most…