Martin v. LahtiAnnotate this Case
In this medical malpractice action, the trial court did not abuse its discretion in excluding certain statements proffered by Plaintiff.
On appeal, Plaintiff argued that the trial court erred in excluding statements that she argued should have been admitted as lay opinion under Va. R. Evid. 2:701 and that the trial court erred in excluding a statement the decedent made after the surgery, contending that the statement should have been admitted under the Deadman’s Statute, Va. Code 8.01-397. The Supreme Court disagreed, holding (1) the lay opinion testimony concerning what was disclosed to the patient in this case and what the patient may have one was speculative and inadmissible; and (2) the trial court properly excluded a statement the patient made after the surgery as irrelevant.