Virginia Supreme Court excludes evidence in Waynesboro family's wrongful death case - Waynesboro News Virginian: Newsvirginian

Twitter Facebook RSS
Monday, September 1, 2014

Virginia Supreme Court excludes evidence in Waynesboro family's wrongful death case

Font Size:
Default font size
Larger font size

Posted: Friday, January 11, 2013 7:30 am

The Virginia Supreme Court on Thursday ruled in a 4-3 decision that a Waynesboro family who lost their 3-year-old daughter in a 2006 Ford Windstar van fire, could not use evidence from seven other Ford Windstar fires in their wrongful death lawsuit against Ford Motor Co. and Obaugh Ford.

The Supreme Court ruling affirms an Albemarle County Circuit Court ruling that also excluded the evidence in the case involving the 2006 death of Emily Funkhouser. The 3-year-old died and her twin brother was badly hurt when a 2001 Ford Windstar caught fire soon after they climbed in. The van was in their parents' Waynesboro driveway.

Investigators said the fire was likely an electrical one.   

In making its ruling Thursday, the Virginia Supreme Court said none of the other Windstar fires "were the same or substantially similar to the Funkhouser fire." The court said any expert testimony based on those fires would be based on assumptions that "have an insufficient factual basis."

Online poll

Based on the current information and route, do you support the proposed Dominion Resources pipeline?

Dominion Resources plans to build a pipeline from West Virginia to North Carolina, with a portion stretching across Augusta and Nelson counties. Company officials spoke to both sets of county supervisors this week, as well as answered follow up questions from the News Virginian staff. Based on the information as currently presented, is this pipeline something you would support?

Total Votes: 1147

Click to submit a letter to the editor
FREE Market Analysis!
Contact Westhills LTD Realtors today for a FREE Market Analysis! Call us at 540-943-9700 or visit our website for more information!
Now Accepting New Patients!
Kilby Pediatrics is now accepting new patients! Call 540.829.4900 today to schedule an appointment.
Scrapbook Tote Carrier Current Special!
Darice Rolling Scrap Tote (3 pack) with a FREE GIFT
Valley Volkswagen
Valley Volkswagen is the premier Central Virginia Volkswagen dealer with a convenient Staunton location and a large stock of new and used cars, trucks and SUVs - including fuel efficient hybrids. Visit to see our inventory!
Same Day Service
NO ONE refused, monthly payments, good driver discounts and SAME DAY service!
Call Graystone Homes Today!
Graystone Homes is best known for our high-end custom homes and renovations - but that's not all we do! Call Graystone today at 540-825-1600 to schedule an appointment and learn more.