This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Hearsay State of Mind and the related topic of personal injury. For more information about hearsay see the pages on Wikipedia.
Hearsay State of Mind-Cases
2004 Wright v. Kaye, 267 Va. 510, 593 S.E.2d 307.
Medical malpractice action where physician sought to offer evidence of intraoperative conversation that he had with other physician as to propriety of his proposed action. Although statement may be offered to show the state of mind of the operating physician, technically, any hearsay statement could be offered for that purpose. The advice given by that outside physician clearly is hearsay, and was being offered for its truth value, i.e., the advice given and therefore, it was not admissible.
1953 United Constr. Workers v. Laburnum, 194 Va. 872, 75 S.E.2d 694.
Statements made by employees of plaintiff were admitted to show state of mind of declarant, i.e., that they were fearful of violence.
