C. & P. v. Faught Construction Co.
This text of 17 Va. Cir. 225 (C. & P. v. Faught Construction Co.) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The Court has considered the briefs submitted concerning the issue of the scope of the new trial ordered and has concluded that the trial should be limited to damages only.
While defendant argues that contributory negligence should be an issue, the Court has previously considered that matter and ruled that there was no evidence warranting that issue being submitted to the jury.
The Court has considered VEPCO v. Savoy Const. Co., 224 Va. 36 (1982), cited by both parties, and agrees with C. & P. that there is no issue of proximate cause to go to the jury since Faught put on no other evidence of causation. As such, the only issue remaining to be considered by the jury is that of damages.
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Cite This Page — Counsel Stack
17 Va. Cir. 225, 1989 Va. Cir. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/c-p-v-faught-construction-co-vaccfairfax-1989.