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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.

The only remedy petitioner sought from the circuit court a dismissal with prejudice was not required as a matter of law.

The existence of a confidential relationship is insufficient, alone, to establish the second element.

It must be accompanied by activity on the part of the dominant person in procuring or preparing the will in his favor before a presumption of undue influence will arise.

A separate statute, Code 8.01-195.3(7), provides that the time for filing a notice of tort claim is tolled during the pendency of grievance procedures, which must be exhausted prior to commencing an action.

Here, the claimant initiated the grievance procedure three days after the incident in which it is alleged he was injured, and after notification by the Department of Corrections that his grievance was denied and that he had exhausted all administrative remedies he filed a notice of claim within the one-year period as required by Code 8.01-195.6(A).

As of February 8, 2008 all opinions are Adobe Acrobat PDF documents.

The Adobe Acrobat Viewer (free from Adobe) allows you to view and print PDF documents. Commonwealth (ORDER) 12/28/2017 In a Virginia Tort Claims Act case for injuries suffered while the plaintiff was an inmate at a correctional facility, it was error to dismiss the claim based on the one-year notice requirement of Code 8.01-195.6.

The judgment dismissing this action on summary judgment is affirmed. Kim (ORDER) 12/07/2017 In two litigations raising the issue whether a decedents will and trust were the product of undue influence by his brother, the attorney who drafted the instruments, the widows claims are rejected.