SIGNIFICANT CASE SUMMARY

Virginia Case Summary

Foster v. McNamara
Virginia Court of Appeals
2024 Va. App. Lexis 642

Decided: October 14, 2025

Trial Court improperly excluded expert testimony.

Background

Plaintiff sued Defendant for injuries he sustained after Defendant rear-ended a car in which Plaintiff was a passenger. Plaintiff had significant pre-existing injuries, including a gunshot wound to the same body part he claimed injury to thanks to the accident. Plaintiff did not seek damages for medical costs in his suit, but only non-economic damages stemming from the accident.

During trial, the Chesterfield County Circuit Court excluded Plaintiff’s chiropractor expert based on the general rule that only medical doctors may offer expert testimony regarding the causation of physical injuries. Plaintiff argued that there is a statutory exception that allows expert testimony from chiropractor. Following trial, the jury awarded Plaintiff $2,500. Plaintiff had sought $75,000 in damages. Plaintiff moved for a mistrial, which the Court denied. Plaintiff appealed the Circuit Court’s decision arguing, among other things, that the Circuit Court erred by excluding his expert’s testimony regarding the causal link between the accident and injury.

Holding

The Court of Appeals reversed and remanded the case for a new trial, finding that the Circuit Court erred by excluding Plaintiff’s expert. The Court of Appeals found that Virginia Code § 8.01-401.2(A) expressly allows chiropractors to offer expert testimony at trial on causation of physical injuries. Further, the Court of Appeals found that the omission of the expert testimony was not harmless error because expert testimony is a central part of a litigant’s case, and that scientific evidence is given great weight by jurors.

Questions about this case can be directed to Lily Smith at (571) 470-1906 or lsmith@tthlaw.com.