"Back to School:" The Supreme Court Instructs On Expert Testimony, Evidence Spoliation, Ma

As its 2017 finale, the Virginia Supreme Court delivered a wide-ranging decision touching upon evidence and procedure in the personal injury context. Senior Justice Lawrence L. Koontz, Jr., wrote for a unanimous Court. Justice S. Bernard Goodwyn did not participate in the decision. The decision in Emerald Point, LLC v. Hawkins, 2017 Va. LEXIS 197 (December 28, 2017), reversed jury verdicts for four apartment co-tenants injured from carbon monoxide poisoning. The monoxide exposures occurred from late-November 2012 through mid-January 2013. Each plaintiff suffered injury, one seriously and permanently, due to improper ventilation of exhaust gases from their, and a neighboring apartment’s

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