XSPEDIUS MANAGEMENT v. Stephan
Supreme Court of Virginia
1Opinion of the Court
Opinion by KINSER, Justice.
In this action for a continuing trespass on real property, the dispositive issue is whether there was sufficient evidence to support the jury's award of punitive damages. Because the defendant did not act with such recklessness as to evince a conscious disregard of property rights, we will reverse the circuit court's judgment awarding punitive damages.
Albert J. and Helene Stephan (the Stephans) own a parcel of real estate located on Hidden Road in Vienna, Virginia. The Stephans purchased the property in 1987 and have lived there continuously since then. In the fall…
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