Shepherd v. Smith

In this appeal, we consider whether the trial court erred by granting the defendant’s motion to set aside a plaintiff’s verdict on the ground that the verdict was inadequate as a matter of law because it was less than the plaintiff’s uncontroverted special damages.

I. Facts and Proceedings Below

On July 20, 2000, Clayton Lee Shepherd (“Shepherd”) filed a motion for judgment in the Circuit Court of Westmoreland County alleging that on September 11, 1999 he was struck and injured by an automobile driven by Samantha Smith (“Smith”) as he walked down McKiney Boulevard in Colonial Beach, Virginia.…