Thursday, February 8, 2007

How not to impeach a witness

In Westlake Properties, Inc., et al. v. Westlake Pointe Property Owners Association, Inc., the Virginia Supreme Court recently decided that the owners association had standing to bring a tort action for damage to the common elements because it was the record owner of the property damaged and because it had a legal duty to maintain the common elements. However, the Court included a scathing admonition of one attorney's attempt to impeach a witness including this passage: "We condemn in the strongest possible terms the use of such tactics, even if they
result from the inexperience of counsel rather than the purposeful disregard of procedural rules." Be careful out there.