Johnson v. Blakely

By Judge Edward l. Hogshire

Presently before the Court is the Plaintiffs motion to set aside the jury’s verdict. In this personal injury case, the jury awarded $5,000.00, which the Plaintiff contends is less than the claimed special damages and therefore inadequate as a matter of law. For the reasons set forth below, the Court denies the Plaintiffs motion.

Recently, the Virginia Supreme Court has emphasized the trial court’s limited discretion to overturn jury verdicts for less than the special damages claimed. See Richardson v. Braxton-Bailey, 257 Va. 61 (1999); Walker v. Mason, 257 Va. 65…