This podcast is provided by Ben Glass and Steve Emmert   www.BenGlassReferrals.com - www.Virginia-Appeals.com   Granted Appeal Summary   Case    OUR LADY OF PEACE, INC. v. BARBARA MORGAN, ADMINISTRATOR OF THE ESTATE OF GERTRUDE AUSTIN, DECEASED, ET AL. (Record Number 180736)   From    The Circuit Court of Albemarle County; C. Higgins, Judge.    Counsel    Joseph M. Rainsbury and Nancy F. Reynolds (LeClairRyan) for appellant.   Vaden Warren, Jr. (The Warren Firm, PLLC), Jessica Philips (Royer, Caramanis & McDonough, PC), and E. Kyle McNew (MichieHamlett PLLC) for appellee.   Assignment of Error   The Circuit Court erred in holding that a nursing home employee’s sexual assault of a patient fell within the scope of his employment.   The Circuit Court erred in finding that the nursing home’s standard of care expert lacked an “active clinical practice” and wrongly barred him from testifying about the standard of care for nursing home administrators.   The Circuit Court erred in permitting Plaintiff’s standard of care expert to testify about matters that were within the common knowledge of the jurors.  Source Document: http://www.courts.state.va.us/courts/scv/appeals/180736.pdf