Walker v. Prince

Richmond County Circuit Court

Walker v. Prince

35 Va. Cir. 76, 1994 Va. Cir. LEXIS 740

CourtRichmond County Circuit Court

DecidedOctober 17, 1994

DocketCase No. LX-128-1

StatusPublished

This text of 35 Va. Cir. 76 (Walker v. Prince) is published on Counsel Stack Legal Research, covering Richmond County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walker v. Prince, 35 Va. Cir. 76, 1994 Va. Cir. LEXIS 740 (Va. Super. Ct. 1994).

Pincite

Opinion

By Judge Melvin R. Hughes, Jr.

After the jury returned its verdict for $5,458.38 for plaintiff, the plaintiff moved for additur or in the alternative, a new trial. Defendants opposed the motion.

I have decided to grant the motion for additur. The amount of the jury’s award matches the amount of the special damages in the case to the penny. There was direct conflict in the evidence as to how and why the accident happened. And while there was cross-examination by the defendant regarding the plaintiffs prior medical history involving similar injuries and complaints, I do not believe this deprived the plaintiff of the damages in the case from being a fixed, constituent element of any award in her favor.

Accordingly, under § 8.01-383(B) the Court finds the jury award inadequate and requires the defendant pay the plaintiff $5,000.00 in excess of the recovery found in the verdict for a total of $10,458.38 or else submit to a new trial.

Free access — add to your briefcase to read the full text and ask questions with AI

By Judge Melvin R. Hughes, Jr.

After the jury returned its verdict for $5,458.38 for plaintiff, the plaintiff moved for additur or in the alternative, a new trial. Defendants opposed the motion.

I have decided to grant the motion for additur. The amount of the jury’s award matches the amount of the special damages in the case to the penny. There was direct conflict in the evidence as to how and why the accident happened. And while there was cross-examination by the defendant regarding the plaintiffs prior medical history involving similar injuries and complaints, I do not believe this deprived the plaintiff of the damages in the case from being a fixed, constituent element of any award in her favor.

Accordingly, under § 8.01-383(B) the Court finds the jury award inadequate and requires the defendant pay the plaintiff $5,000.00 in excess of the recovery found in the verdict for a total of $10,458.38 or else submit to a new trial.

Cite This Page — Counsel Stack

Bluebook (online)

35 Va. Cir. 76, 1994 Va. Cir. LEXIS 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-prince-vaccrichmondcty-1994.