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State court of last resort · ST-VA-SC
Emerald Point, LLC v. Hawkins
No. 161339Supreme Court of Virginia
161339 Emerald Point, LLC v. Hawkins 12/28/2017 A judgment in favor of four plaintiffs in a premises liability action against the owner of an apartment building, and its management company, for carbon monoxide…
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161339 Emerald Point, LLC v. Hawkins 12/28/2017 A judgment in favor of four plaintiffs in a premises liability action against the…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Dec 28, 2017
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161339 Emerald Point, LLC v. Hawkins 12/28/2017 A judgment in favor of four plaintiffs in a premises liability action against the owner of an apartment building, and its management company, for carbon monoxide poisoning is reversed. The circuit court abused its discretion by permitting the edited video deposition of plaintiffs' expert played for the jury to include statements and opinions not adequately disclosed in plaintiffs' response to interrogatories. In addition, an adverse inference instruction for spoliation of evidence is proper only where the party has acted in bad faith or with intentional conduct calculated to suppress the truth, which was not shown in this case. Certain testimo…
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