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Ad Damnum Cases Summarized By Accident Attorney

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with Ad Damnum and the related topic of personal injury. For more information on ad damnum issues see the page on Wikipedia.

Ad Damnum-Statutes

See Va. Code § 8.01-379.1, which allows the plaintiff to inform jury in opening statement or closing argument of amount of damages requested, which may be less than that stated in pleadings. Ad damnum or amount sued for may be mentioned by counsel in either opening or closing statement.

Ad Damnum-Cases

2015 Shevlin Smith v. McLaughlin, 289 Va. 241, 769 S.E.2d 7.
In this legal malpractice action Plaintiff sued for $6,000,000.00 and at trial counsel asked for $10,000,000.00. That was impermissible.

1995 Town & Country Props. v. Riggins, 249 Va. 387, 457 S.E.2d 356.
Jury verdict reduced to ad damnum as to punitive award.

1986 Powell v. Sears, Roebuck & Co., 231 Va. 464, 344 S.E.2d 916.
Plaintiff may not recover more than ad damnum.

1984 Bell v. Kirby, 226 Va. 641, 311 S.E.2d 799.
Plaintiff is allowed to mention amount sued for in argument.

1968 State Farm Mut. Ins. Co. v. Futrell, 209 Va. 266, 163 S.E.2d 181.
Not proper to mention amount sued for in damage instruction although plaintiff may mention such in argument.

1962 Phillips v. Fulghum, 203 Va. 543, 125 S.E.2d 835.
Plaintiff allowed to mention ad damnum. Defendant may be entitled to instruction that such is not to be considered in reaching verdict.

1961 Simmons v. Adams, 202 Va. 926, 121 S.E.2d 379.
Court ruled that in this case on retrial, instructions should not refer to amount sued for, but by appropriate language, should inform jury that their award, if any, should not exceed amount sued for.

1947 West v. Anderson, 186 Va. 554, 43 S.E.2d 876.
Plaintiff cannot recover greater amount than he sues for.

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Ad Damnum Cases Summarized By Accident Attorney

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