Virginia's Judicial System


Appeals Granted


Case

RICHARD D. FIORUCCI, ET AL. v. STEPHEN CHINN
(Record Number 131869)

From

The Circuit Court of the City of Alexandria; J. Clark, Judge.

Counsel

Paul T. Walkinshaw and Garland B. Nagy (Hancock, Daniel, Johnson & Nagle, P.C.) for appellant.

Michele Bartoli Cain (Bartoli Cain Law, PLLC) and Jeffrey M. Summers (The Law Office of Jeffrey M. Summers, PLLC) for appellee.

Assignment of Error

  1. The trial court erred in precluding evidence of the informed consent discussions between Dr. Fiorucci and plaintiff because Wright's holding does not apply to this case.

  1. Wright's holding does not apply because Dr. Fiorucci was accused of negligence for performing the procedure in the first place and because plaintiff opened the door to the informed consent discussions through his own testimony, comments in voir dire, and the statements of his expert witness.

  2. The trial court erred in granting plaintiff's Motion in Limine on this issue, in refusing to admit Defense Exhibit 1, page 9 and Exhibit 14, pages 1-4, in precluding defense counsel from questioning plaintiff and Dr. Fiorucci about the informed consent discussions, and in all other rulings it made throughout the trial precluding such evidence.

Date Granted

  04-24-2014