McMunn v. Tatum

In McMunn v. Tatum, 237 Va. 558, 379 S.E.2d 908 (1989), the Supreme Court ruled that "Code 8.01-401.1 does not authorize the admission in evidence, upon the direct examination of an expert witness, of hearsay matters of opinion upon which the expert relied in reaching his own opinion." 237 Va. at 566, 379 S.E.2d at 912. The focus of Nelson's testimony was her evaluation of Patterson's ability to accurately assess her own parenting abilities. Nelson's opinion was based on events amply documented by other sources, but which Patterson denied. Indeed, Nelson's opinion was based upon facts, not hearsay opinions, and falls within the scope of Code 8.01-401.1.