Supinger v. Stakes

*201At issue in this appeal is the constitutionality of Code § 8.01-383.1(B) in cases where the damages are unliquidated.1 This section allows a trial court to use additur when it determines that the damages awarded by a jury are inadequate. Because we find that Code § 8.01-383.1(B), as written and as applied in this case, violates an individual’s right to a jury trial as guaranteed in the Constitution of Virginia art. I, § 11, we will reverse the judgment of the circuit court.

I

This appeal arises from a jury verdict rendered in a case involving an automobile accident that occurred between Lori…