14 Virginia opinions name it 8 courts 1978–2024 1 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. Dominion Technology Partners, L.L.C.green1 sentence2024Partners, L.L.C., 265 Va. 280, 289 (2003) (“We have long recognized that 5 Specifically, this Court asked counsel for Aksoy, “At a minimum, it seems that he [Aksoy] was an agent of the entity [IST], and as a result wouldn’t there still be a fiduciary duty that is owed which he breached which resulted in these damages and would entitle In Stock to these punitive damages?” Counsel for Aksoy answered, “Yes, Your Honor, and a couple points, but it all does lead to the punitive damages analysis and our context. | 1 | 1 |
Philip Morris, Inc. v. Emersongreen2 sentences2014See Philip Morris Inc. v. Emerson, 235 Va. 380, 414 , 368 S.E.2d 268, 287 (1988). 2014See Philip Morris Inc. v. Emerson, 235 Va. 380, 414 , 368 S.E.2d 268, 287 (1988). | 1 | 1 |
Griffin v. Shivelygreen2 sentences2013A defendant is liable for punitive damages if he acted with reckless indifference to the consequences, while “aware . . . that his conduct probably would cause injury to another.” Griffin, 227 Va. 317, 321 , 315 S.E.2d 210, 213 (1984) (emphasis added). 2013A defendant is liable for punitive damages if he acted with reckless indifference to the consequences, while “aware . . . that his conduct probably would cause injury to another.” Griffin, 227 Va. 317, 321 , 315 S.E.2d 210, 213 (1984) (emphasis added). | 1 | 1 |
Wilson v. Whittakergreen2 sentences2012See Wilson v. Whittaker, 207 Va. 1032, 1039 , 154 S.E.2d 124, 129 (1967) (ordering new trial where trial court improperly allowed recovery of punitive damages and admitted irrelevant evidence); PTS Corp. v. Buckman, 263 Va. 613, 621-23 , 561 S.E.2d 718 , 723- 24 (2002) (error allowing proof relating to punitive damages 25 “influenced the jury’s award of both compensatory and punitive damages” and a new trial on all issues was ordered). 2012See Wilson v. Whittaker, 207 Va. 1032, 1039 , 154 S.E.2d 124, 129 (1967) (ordering new trial where trial court improperly allowed recovery of punitive damages and admitted irrelevant evidence); PTS Corp. v. Buckman, 263 Va. 613, 621-23 , 561 S.E.2d 718 , 723- 24 (2002) (error allowing proof relating to punitive damages 25 “influenced the jury’s award of both compensatory and punitive damages” and a new trial on all issues was ordered). | 1 | 1 |
Huffman v. Lovegreen2 sentences2003Id. at 273 , 374 S.E.2d at 3 ; see also Webb v. Rivers, 256 Va. 460, 464 , 507 S.E.2d 360, 363 (1998) (evidence that defendant drove 90 m.p.h. in a 25 m.p.h. residential neighborhood, failed to stop at a red traffic light, and had a blood alcohol content of 0.21% was sufficient to submit punitive damages claim to a jury); Huffman v. Love, 245 Va. 311, 313 , 427 S.E.2d 357, 359 (1993) (evidence that defendant had blood alcohol content of 0.32% and had caused a collision immediately prior to the collision at issue was sufficient to allow punitive damages claim to be presented to a jury). 2003Id. at 273 , 374 S.E.2d at 3 ; see also Webb v. Rivers, 256 Va. 460, 464 , 507 S.E.2d 360, 363 (1998) (evidence that defendant drove 90 m.p.h. in a 25 m.p.h. residential neighborhood, failed to stop at a red traffic light, and had a blood alcohol content of 0.21% was sufficient to submit punitive damages claim to a jury); Huffman v. Love, 245 Va. 311, 313 , 427 S.E.2d 357, 359 (1993) (evidence that defendant had blood alcohol content of 0.32% and had caused a collision immediately prior to the collision at issue was sufficient to allow punitive damages claim to be presented to a jury). | 1 | 1 |
Webb v. Riversgreen2 sentences2003Id. at 273 , 374 S.E.2d at 3 ; see also Webb v. Rivers, 256 Va. 460, 464 , 507 S.E.2d 360, 363 (1998) (evidence that defendant drove 90 m.p.h. in a 25 m.p.h. residential neighborhood, failed to stop at a red traffic light, and had a blood alcohol content of 0.21% was sufficient to submit punitive damages claim to a jury); Huffman v. Love, 245 Va. 311, 313 , 427 S.E.2d 357, 359 (1993) (evidence that defendant had blood alcohol content of 0.32% and had caused a collision immediately prior to the collision at issue was sufficient to allow punitive damages claim to be presented to a jury). 2003Id. at 273 , 374 S.E.2d at 3 ; see also Webb v. Rivers, 256 Va. 460, 464 , 507 S.E.2d 360, 363 (1998) (evidence that defendant drove 90 m.p.h. in a 25 m.p.h. residential neighborhood, failed to stop at a red traffic light, and had a blood alcohol content of 0.21% was sufficient to submit punitive damages claim to a jury); Huffman v. Love, 245 Va. 311, 313 , 427 S.E.2d 357, 359 (1993) (evidence that defendant had blood alcohol content of 0.32% and had caused a collision immediately prior to the collision at issue was sufficient to allow punitive damages claim to be presented to a jury). | 1 | 1 |
Alfonso v. Robinsongreen1 sentence2002The Supreme Court expressly stated the importance of “prior knowledge or notice” in Alfonso v. Robinson, 257 Va. 540 at 546 (1999). | 1 | 1 |
Arlington Yellow Cab Co. v. Transportation, Inc.green2 sentences2000See Arlington Yellow Cab v. Transportation, Inc., 207 Va. 313, 319 , 149 S.E.2d 877 (1966). 2000See Arlington Yellow Cab v. Transportation, Inc., 207 Va. 313, 319 , 149 S.E.2d 877 (1966). | 1 | 1 |
Owens-Corning Fiberglas Corp. v. Watsongreen2 sentences1999Willful and wanton negligence can also sustain a punitive damages claim: We have stated “that negligence which is so willful or wanton as to evince a conscious disregard of the rights of others, as well as malicious conduct, will support an award of punitive damages.” Willful and wanton negligence is defined as “acting consciously in disregard of another person’s rights or acting with reckless indifference to the consequences, with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injuiy to another.” Owens-Coming Fiberglas C 1999Willful and wanton negligence can also sustain a punitive damages claim: We have stated “that negligence which is so willful or wanton as to evince a conscious disregard of the rights of others, as well as malicious conduct, will support an award of punitive damages.” Willful and wanton negligence is defined as “acting consciously in disregard of another person’s rights or acting with reckless indifference to the consequences, with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct probably would cause injuiy to another.” Owens-Coming Fiberglas C | 1 | 1 |
Giant of Virginia, Inc. v. Pigggreen2 sentences1998“Punitive or exemplary damages are allowable only where’ there is misconduct or actual malice, or such recklessness or negligence as to evince a conscious disregard of the rights of others.” Giant of Va., Inc. v. Pigg, 207 Va. 679, 685 , 152 S.E.2d 271, 277 (1967). 1998“Punitive or exemplary damages are allowable only where’ there is misconduct or actual malice, or such recklessness or negligence as to evince a conscious disregard of the rights of others.” Giant of Va., Inc. v. Pigg, 207 Va. 679, 685 , 152 S.E.2d 271, 277 (1967). | 1 | 1 |
Harrell v. Woodsongreen1 sentence1994In Harrell v. Woodson, 233 Va. 117, 122 (1987), the Supreme Court of Virginia stated that: punitive damages may [] be recovered where the plaintiff has made an express claim for them in the prayer for relief or ad damnum clause, sufficient to put the defendant on notice that an award of punitive damages is sought apart from, and in addition to, [] compensatory damages .... | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Green v. Ingram
green
1 sentence2020Upon considering the evidence presented in this case under our established standard of review, see Green, 269 Va. at 290 , we conclude that the jury could reasonably have found that Highfill’s actions evinced a reckless disregard for Curtis’ wellbeing, had the administrator’s punitive damages claim been submitted for their consideration. | 1 | 2020–2020 |
PTS CORP. v. Buckman
green
2 sentences2012See Wilson v. Whittaker, 207 Va. 1032, 1039 , 154 S.E.2d 124, 129 (1967) (ordering new trial where trial court improperly allowed recovery of punitive damages and admitted irrelevant evidence); PTS Corp. v. Buckman, 263 Va. 613, 621-23 , 561 S.E.2d 718 , 723- 24 (2002) (error allowing proof relating to punitive damages 25 “influenced the jury’s award of both compensatory and punitive damages” and a new trial on all issues was ordered). 2012See Wilson v. Whittaker, 207 Va. 1032, 1039 , 154 S.E.2d 124, 129 (1967) (ordering new trial where trial court improperly allowed recovery of punitive damages and admitted irrelevant evidence); PTS Corp. v. Buckman, 263 Va. 613, 621-23 , 561 S.E.2d 718 , 723- 24 (2002) (error allowing proof relating to punitive damages 25 “influenced the jury’s award of both compensatory and punitive damages” and a new trial on all issues was ordered). | 1 | 2012–2012 |
Stottlemyer v. Ghramm
green
2 sentences2006Such evidence could reasonably be expected to have "excited prejudice and misled the jurors." Stottlemyer, 268 Va. at 12 , 597 S.E.2d at 194 . 2006Such evidence could reasonably be expected to have "excited prejudice and misled the jurors." Stottlemyer, 268 Va. at 12 , 597 S.E.2d at 194 . | 1 | 2006–2006 |
Riner v. Com.
green
2 sentences2006However, the majority holds today that Defendants nonetheless waived their argument on appeal by not objecting yet again after the Estate nonsuited the punitive damages claim, citing as authority Riner v. Commonwealth, 268 Va. 296 , 601 S.E.2d 555 (2004). 2006However, the majority holds today that Defendants nonetheless waived their argument on appeal by not objecting yet again after the Estate nonsuited the punitive damages claim, citing as authority Riner v. Commonwealth, 268 Va. 296 , 601 S.E.2d 555 (2004). | 1 | 2006–2006 |
Eubank v. Spencer
green
1 sentence2003Id. at 926-27 , 128 S.E.2d at 302. | 1 | 2003–2003 |
Hack v. Nester
green
2 sentences2003Id. at 506-07, 404 S.E.2d at 45 . 2003Id. at 506-07, 404 S.E.2d at 45 . | 1 | 2003–2003 |
Booth v. Robertson
green
2 sentences2003Id. at 273 , 374 S.E.2d at 3 ; see also Webb v. Rivers, 256 Va. 460, 464 , 507 S.E.2d 360, 363 (1998) (evidence that defendant drove 90 m.p.h. in a 25 m.p.h. residential neighborhood, failed to stop at a red traffic light, and had a blood alcohol content of 0.21% was sufficient to submit punitive damages claim to a jury); Huffman v. Love, 245 Va. 311, 313 , 427 S.E.2d 357, 359 (1993) (evidence that defendant had blood alcohol content of 0.32% and had caused a collision immediately prior to the collision at issue was sufficient to allow punitive damages claim to be presented to a jury). 2003Id. at 273 , 374 S.E.2d at 3 ; see also Webb v. Rivers, 256 Va. 460, 464 , 507 S.E.2d 360, 363 (1998) (evidence that defendant drove 90 m.p.h. in a 25 m.p.h. residential neighborhood, failed to stop at a red traffic light, and had a blood alcohol content of 0.21% was sufficient to submit punitive damages claim to a jury); Huffman v. Love, 245 Va. 311, 313 , 427 S.E.2d 357, 359 (1993) (evidence that defendant had blood alcohol content of 0.32% and had caused a collision immediately prior to the collision at issue was sufficient to allow punitive damages claim to be presented to a jury). | 1 | 2003–2003 |
Lipscombe v. Security Insurance Co. of Hartford
green
2 sentences1978Reversed and final judgment. * The same public policy argument raised here, i.e. that public policy prohibits one from insuring against punitive damages, was also raised, but not decided, in Lipscombe v. Security Ins., 213 Va. 81 , 189 S.E.2d 320 (1972). 1978Reversed and final judgment. * The same public policy argument raised here, i.e. that public policy prohibits one from insuring against punitive damages, was also raised, but not decided, in Lipscombe v. Security Ins., 213 Va. 81 , 189 S.E.2d 320 (1972). | 1 | 1978–1978 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.