Brusilousky v. Page III, Inc.

Hanover County Circuit Court

Brusilousky v. Page III, Inc.

90 Va. Cir. 57, 2015 Va. Cir. LEXIS 4

CourtHanover County Circuit Court

DecidedFebruary 11, 2015

DocketCase No. CL14-00225200

StatusPublished

This text of 90 Va. Cir. 57 (Brusilousky v. Page III, Inc.) is published on Counsel Stack Legal Research, covering Hanover County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brusilousky v. Page III, Inc., 90 Va. Cir. 57, 2015 Va. Cir. LEXIS 4 (Va. Super. Ct. 2015).

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Opinion

By Judge William H. Shaw, III

I took under advisement the issue of whether or not the defendant must produce to the plaintiff information about its financial status as addressed in the plaintiff’s interrogatory.

Upon review, I conclude that the evidence is discoverable and that defendant must respond to the plaintiff. Although the burden is upon the defendant to provide evidence of its ability (or inability) to pay a punitive damage award, evidence of financial conditions, if presented at all, must be laid before the jury as trier of fact in determination of the size of an award. Since such evidence is relevant and admissible, it is discoverable, subject to proper protection.

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By Judge William H. Shaw, III

I took under advisement the issue of whether or not the defendant must produce to the plaintiff information about its financial status as addressed in the plaintiff’s interrogatory.

Upon review, I conclude that the evidence is discoverable and that defendant must respond to the plaintiff. Although the burden is upon the defendant to provide evidence of its ability (or inability) to pay a punitive damage award, evidence of financial conditions, if presented at all, must be laid before the jury as trier of fact in determination of the size of an award. Since such evidence is relevant and admissible, it is discoverable, subject to proper protection.

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Bluebook (online)

90 Va. Cir. 57, 2015 Va. Cir. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brusilousky-v-page-iii-inc-vacchanover-2015.