Legal Opinion

Wilson v. Whittaker

Supreme Court of Virginia

Decided April 24, 1967No. Record 6400PublishedCited by 54 opinions

1Opinion of the CourtSnead, J.

It is agreed by the parties herein that the fundamental issue involved in this appeal is whether punitive or exemplary damages may be recovered in an action brought under Virginia’s death by wrongful act statutes (sometimes hereinafter referred to as statute). Code, § 8-633, et seq.

On the afternoon of September 21, 1964, a loaded tractor-trailer owned by Howard T. Phillips and operated by an employee, Elsworth M. Wilson, while in the course of his employment struck and killed instantly Albert Lee Whittaker, age 11,, as he was attempting to cross State Route No. 100 in Giles county after…

2Cases cited13 opinions

  1. Anderson v. Hygeia Hotel Co.Supreme Court of Virginia · 1896
  2. Matthews v. Hicks, Adm'r.Supreme Court of Virginia · 1955
  3. Ellis B. Grady, Jr., Administrator, C.T.A., of Margarette W. Rodgers, Deceased v. Richard Eugene IrvineCourt of Appeals for the Fourth Circuit · 1958
  4. Virginia Iron, Coal & Coke Co. v. Odle's Adm'rSupreme Court of Virginia · 1920
  5. Ralph Seymour & Burford Buick Corp. v. RichardsonSupreme Court of Virginia · 1953

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3Cited by54 opinions

  1. Johnny Overstreet, Administrator of the Estate of David Wilkey, Deceased v. Kentucky Central Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1991
  2. Semler v. Psychiatric Institute of Washington, D. C., Inc.Court of Appeals for the D.C. Circuit · 1978
  3. Gavica v. HansonIdaho Supreme Court · 1980
  4. Stutsman v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc.District of Columbia Court of Appeals · 1988
  5. Jones, Mabel S. v. Prince George CtyCourt of Appeals for the D.C. Circuit · 2003

49 more not listed; retrieve them via the Exa API.

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