20 Virginia opinions name it 8 courts 1968–2015 0 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Williams v. International Brotherhood of Electrical Workers, Local 520green2 sentences2015See, e.g., Williams v. IBEW, Local 520, 298 F.3d 458 , 461-62 (5th Cir.2002) (holding that a prior contempt order precluded a later damage claim and warranted entry of summary judgment); In the Interest of A.S., 318 Ga.App. 457 , 734 S.E.2d 225 , 227 (2012) (holding that res judicata precludes relitigation of the findings of a prior contempt proceeding in a subsequent action between the parties). b. 2015See, e.g., Williams v. IBEW, Local 520, 298 F.3d 458, 461-62 (5th Cir. 2002) (holding that a prior contempt order precluded a later damage claim and warranted entry of summary judgment); In the Interest of A. S., 734 S.E.2d 225, 227 (Ga. Ct. App. 2012) (holding that res judicata precludes relitigation of the findings of a prior contempt proceeding in a subsequent action between the parties). b. | 2 | 2 |
In the Interest of A. S.green2 sentences2015See, e.g., Williams v. IBEW, Local 520, 298 F.3d 458 , 461-62 (5th Cir.2002) (holding that a prior contempt order precluded a later damage claim and warranted entry of summary judgment); In the Interest of A.S., 318 Ga.App. 457 , 734 S.E.2d 225 , 227 (2012) (holding that res judicata precludes relitigation of the findings of a prior contempt proceeding in a subsequent action between the parties). b. 2015See, e.g., Williams v. IBEW, Local 520, 298 F.3d 458 , 461-62 (5th Cir.2002) (holding that a prior contempt order precluded a later damage claim and warranted entry of summary judgment); In the Interest of A.S., 318 Ga.App. 457 , 734 S.E.2d 225 , 227 (2012) (holding that res judicata precludes relitigation of the findings of a prior contempt proceeding in a subsequent action between the parties). b. | 1 | 2 |
Boston Fish Market Corporation v. Universal Insurance Company, Libellantgreen2 sentences1989Boston Fish Market Corp. v. Universal Insurance Co., 388 F.2d 773, 776 (1st Cir.1968) (proof of cost of repairs of personal property makes prima facie showing of loss and casts burden of production on defendant to show prior depreciation to reduce the damage claim); Pasadena State Bank v. Isaac, 149 Tex. 47, 52 , 228 S.W.2d 127, 129 (1950) (proof of cost of repair of damaged personal property constituted prima facie evidence of loss, and shifted burden to defendant to show repairs would result in betterment). 1989Boston Fish Market Corp. v. Universal Insurance Co., 388 F.2d 773, 776 (1st Cir. 1968) (proof of cost of repairs of personal property makes prima facie showing of loss and casts burden of production on defendant to show prior depreciation to reduce the damage claim); Pasadena State Bank v. Isaac, 149 Tex. 47, 52 , 228 S.W.2d 127, 129 (1950) (proof of cost of repair of damaged personal property constituted prima facie evidence of loss, and shifted burden to defendant to show repairs would result in betterment). | 1 | 1 |
Pasadena State Bank v. Isaacgreen2 sentences1989Boston Fish Market Corp. v. Universal Insurance Co., 388 F.2d 773, 776 (1st Cir.1968) (proof of cost of repairs of personal property makes prima facie showing of loss and casts burden of production on defendant to show prior depreciation to reduce the damage claim); Pasadena State Bank v. Isaac, 149 Tex. 47, 52 , 228 S.W.2d 127, 129 (1950) (proof of cost of repair of damaged personal property constituted prima facie evidence of loss, and shifted burden to defendant to show repairs would result in betterment). 1989Boston Fish Market Corp. v. Universal Insurance Co., 388 F.2d 773, 776 (1st Cir.1968) (proof of cost of repairs of personal property makes prima facie showing of loss and casts burden of production on defendant to show prior depreciation to reduce the damage claim); Pasadena State Bank v. Isaac, 149 Tex. 47, 52 , 228 S.W.2d 127, 129 (1950) (proof of cost of repair of damaged personal property constituted prima facie evidence of loss, and shifted burden to defendant to show repairs would result in betterment). | 1 | 1 |
Carroll v. Sneedgreen2 sentences1980See also Carroll v. Sneed, 211 Va. 640, 642-43 , 179 S.E.2d 620, 622 (1971); Mullins v. Seals, 562 F.2d 326 (4th Cir. 1977). 1980See also Carroll v. Sneed, 211 Va. 640, 642-43 , 179 S.E.2d 620, 622 (1971); Mullins v. Seals, 562 F.2d 326 (4th Cir. 1977). | 1 | 1 |
Smithey v. Sinclair Refining Co.green2 sentences1980The opinion recited the following principles set forth in Smithey v. Refining Co., 203 Va. 142, 146 , 122 S.E.2d 872, 876 (1961): “But if it appears that the verdict is so excessive as to shock the conscience of the court and to create the impression that the jury has been influenced by passion, corruption or prejudice, or has misconceived or misunderstood the facts or the law, or if the award is so out of proportion to the injuries suffered to suggest that it is not the product of a fair and impartial decision, then it becomes the plain duty of the judge, acting within his legal authority, to 1980The opinion recited the following principles set forth in Smithey v. Refining Co., 203 Va. 142, 146 , 122 S.E.2d 872, 876 (1961): “But if it appears that the verdict is so excessive as to shock the conscience of the court and to create the impression that the jury has been influenced by passion, corruption or prejudice, or has misconceived or misunderstood the facts or the law, or if the award is so out of proportion to the injuries suffered to suggest that it is not the product of a fair and impartial decision, then it becomes the plain duty of the judge, acting within his legal authority, to | 1 | 1 |
Beasley v. Bosschermullergreen2 sentences1979Under similar facts involving a leg injury, we held in *174 Beasley v. Bosschermuller, 206 Va. 360, 367 , 143 S.E.2d 881, 887 (1965), that with evidence of a deformity the jury could have properly concluded, without being presented with direct evidence on the subject, that plaintiff’s injuries were a source of humiliation and embarrassment to him. 1979Under similar facts involving a leg injury, we held in *174 Beasley v. Bosschermuller, 206 Va. 360, 367 , 143 S.E.2d 881, 887 (1965), that with evidence of a deformity the jury could have properly concluded, without being presented with direct evidence on the subject, that plaintiff’s injuries were a source of humiliation and embarrassment to him. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Rome v. Kelly Springfield Tire Co.
green
2 sentences1996In Rome [v. Kelly Springfield, 217 Va. 943 , 234 S.E.2d 277 (1977)], we concluded that — because the verdict was in the exact amount of the evidence of medical expenses and lost wages and because the evidence of the other damage elements was uncontroverted — the jury had disregarded the trial court’s damage instruction. 1996In Rome [v. Kelly Springfield, 217 Va. 943 , 234 S.E.2d 277 (1977)], we concluded that — because the verdict was in the exact amount of the evidence of medical expenses and lost wages and because the evidence of the other damage elements was uncontroverted — the jury had disregarded the trial court’s damage instruction. | 3 | 1981–1996 |
Worrie v. Boze
green
2 sentences2006The trial court found that James had met its burden of proving cognizable damages because Dubinsky had "testified that James suffered damages of almost $1.5 million in lost profits, and that those damages were directly attributable to the resignation of Thompson and loss of his long standing, high volume customer sales." The trial court opined "that the damage analysis in this case should be guided by the Supreme Court's ruling in Worrie v. Boze, 198 Va. 533 [, 95 S.E.2d 192 ] (1956)." Also citing Advanced Marine Enterprises, Inc. v. PRC Inc., 256 Va. 106 , 501 S.E.2d 148 (1998), and Famous Kn 2006The trial court found that James had met its burden of proving cognizable damages because Dubinsky had "testified that James suffered damages of almost $1.5 million in lost profits, and that those damages were directly attributable to the resignation of Thompson and loss of his long standing, high volume customer sales." The trial court opined "that the damage analysis in this case should be guided by the Supreme Court's ruling in Worrie v. Boze, 198 Va. 533 [, 95 S.E.2d 192 ] (1956)." Also citing Advanced Marine Enterprises, Inc. v. PRC Inc., 256 Va. 106 , 501 S.E.2d 148 (1998), and Famous Kn | 2 | 2005–2006 |
Famous Knitwear Corporation v. Drug Fair, Inc., Famous Knitwear Corporation v. Drug Fair, Inc.
green
1 sentence2006The trial court found that James had met its burden of proving cognizable damages because Dubinsky had "testified that James suffered damages of almost $1.5 million in lost profits, and that those damages were directly attributable to the resignation of Thompson and loss of his long standing, high volume customer sales." The trial court opined "that the damage analysis in this case should be guided by the Supreme Court's ruling in Worrie v. Boze, 198 Va. 533 [, 95 S.E.2d 192 ] (1956)." Also citing Advanced Marine Enterprises, Inc. v. PRC Inc., 256 Va. 106 , 501 S.E.2d 148 (1998), and Famous Kn | 1 | 2006–2006 |
Advanced Marine Enterprises, Inc. v. PRC Inc.
green
2 sentences2006The trial court found that James had met its burden of proving cognizable damages because Dubinsky had "testified that James suffered damages of almost $1.5 million in lost profits, and that those damages were directly attributable to the resignation of Thompson and loss of his long standing, high volume customer sales." The trial court opined "that the damage analysis in this case should be guided by the Supreme Court's ruling in Worrie v. Boze, 198 Va. 533 [, 95 S.E.2d 192 ] (1956)." Also citing Advanced Marine Enterprises, Inc. v. PRC Inc., 256 Va. 106 , 501 S.E.2d 148 (1998), and Famous Kn 2006The trial court found that James had met its burden of proving cognizable damages because Dubinsky had "testified that James suffered damages of almost $1.5 million in lost profits, and that those damages were directly attributable to the resignation of Thompson and loss of his long standing, high volume customer sales." The trial court opined "that the damage analysis in this case should be guided by the Supreme Court's ruling in Worrie v. Boze, 198 Va. 533 [, 95 S.E.2d 192 ] (1956)." Also citing Advanced Marine Enterprises, Inc. v. PRC Inc., 256 Va. 106 , 501 S.E.2d 148 (1998), and Famous Kn | 1 | 2006–2006 |
Lochaven Co. v. Master Pools by Schertle, Inc.
green
2 sentences2003In support of its contentions, 7-Eleven relies on the general principle enunciated in Lochaven Co. v. Master Pools by Schertle, Inc., 233 Va. 537 , 357 S.E.2d 534 (1987), that “[t]he measure of damages in a negligence action is that amount necessary to compensate the injured party for the damages proximately caused by the tortious conduct.” Id. at 541 , 357 S.E.2d at 537 . 2003In support of its contentions, 7-Eleven relies on the general principle enunciated in Lochaven Co. v. Master Pools by Schertle, Inc., 233 Va. 537 , 357 S.E.2d 534 (1987), that “[t]he measure of damages in a negligence action is that amount necessary to compensate the injured party for the damages proximately caused by the tortious conduct.” Id. at 541 , 357 S.E.2d at 537 . | 1 | 2003–2003 |
Walker v. Mason
green
1 sentence2000Id. at 66 . | 1 | 2000–2000 |
Bowers v. Sprouse
green
2 sentences2000The damage instruction given to the jury in Bowers also used the term “may” with regard to the elements of damage to be *170 considered by the jury. 254 Va. at 431 n.3, 492 S.E.2d at 638 n.2. 2000The damage instruction given to the jury in Bowers also used the term “may” with regard to the elements of damage to be *170 considered by the jury. 254 Va. at 431 n.3, 492 S.E.2d at 638 n.2. | 1 | 2000–2000 |
Sensenbrenner v. Rust, Orling & Neale, Architects, Inc.
green
1 sentence1994The “effect of the failure of the substandard parts to meet the bargained-for level of quality was to cause a diminution in the value of the whole, measured by the cost of repair.” Sensenbrenner, supra. As pleaded, the damage claim is one resulting in the replacement of the plywood. | 1 | 1994–1994 |
Haywood v. Massie
green
1 sentence1992In making this argument, the defendant has cited Haywood v. Massie, 188 Va. 176 (1948), where the Court stated that a person would have a duty to exercise reasonable diligence to avoid the damage which they claim results from a defendant’s wrong. | 1 | 1992–1992 |
McDougald v. Garber
green
2 sentences1990We agree with the views expressed by the Court of Appeals of New York in the recent case of McDougald v. Garber, 73 N.Y.2d 246 , 536 N.E.2d 372 (1989). 1990We agree with the views expressed by the Court of Appeals of New York in the recent case of McDougald v. Garber, 73 N.Y.2d 246 , 536 N.E.2d 372 (1989). | 1 | 1990–1990 |
Wyckoff Pipe & Creosoting Co. v. Saunders
green
1 sentence1988The trier of fact may fix the amount of damages “ ‘when the facts and circumstances are such as to permit ... an intelligent and probable estimate thereof’ ”, id., and we hold that the trial court did not err in submitting this damage claim to the jury. *252 V. | 1 | 1988–1988 |
News Leader Co. v. Kocen
green
2 sentences1985In Kocen , the trial court used the word “substantial” twice in a damage instruction to modify the word “compensatory.” Overturning a judgment for the plaintiff, the Court said: “The reversible error lies in the fact that the instructions emphasized the right of the plaintiff to recover substantial damages without any instruction laying equal emphasis on the fact that the jury might return a verdict for nominal damages.” 173 Va. at 110 , 3 S.E.2d at 392 . 1985In Kocen , the trial court used the word “substantial” twice in a damage instruction to modify the word “compensatory.” Overturning a judgment for the plaintiff, the Court said: “The reversible error lies in the fact that the instructions emphasized the right of the plaintiff to recover substantial damages without any instruction laying equal emphasis on the fact that the jury might return a verdict for nominal damages.” 173 Va. at 110 , 3 S.E.2d at 392 . | 1 | 1985–1985 |
Mullins v. Seals
green
1 sentence1980See also Carroll v. Sneed, 211 Va. 640, 642-43 , 179 S.E.2d 620, 622 (1971); Mullins v. Seals, 562 F.2d 326 (4th Cir. 1977). | 1 | 1980–1980 |
Phillips v. Fulghum
green
2 sentences1968We have previously dealt with this matter in Phillips v. Fulghum, 203 Va. 543 , 125 S. E. 2d 835 (1962). 1968We have previously dealt with this matter in Phillips v. Fulghum, 203 Va. 543 , 125 S. E. 2d 835 (1962). | 1 | 1968–1968 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.