El-Meswari v. Washington Gas Light Co.

The majority uphold the trial court’s refusal to submit to the jury an issue of punitive damages. I concur otherwise, but I dissent from that part of the decision.

In 1982, the Virginia wrongful death statute was amended to authorize the recovery of punitive damages for death resulting from “willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others.” Virginia Code, Section 8.01-52(5) (emphasis added). The testimony clearly shows that *493defendants Mitchell and Showalter (and, through them, their employers) displayed “conscious disregard for the…