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 the topic of Closing Opening Statement Formula for Damages and the related topic of personal injury. For more information on the topic of closing arguments see the page on Wikipedia.
2012 Wakole v. Barber, 283 Va. 488, 722 S.E.2d 238.
Proper for plaintiff to ascribe fixed numerical value to each item of damage for which there is proof in this personal injury action.
1977 Reid v. Baumgardner, 217 Va. 769, 232 S.E.2d 778.
Impermissible for counsel to argue to jury amount for pain, suffering, mental anguish and disability on fixed formula of $1,000 per year as to which there was no evidence in record. Verdicts must be based on evidence rather than speculative calculations of counsel. Method employed to remove prejudicial effect is within discretion of trial court.
1959 Certified TV & Appliance Co. v. Harrington, 201 Va. 109, 109 S.E.2d 126.
Use of mathematical formula on per diem or other fixed basis for calculation of damages for pain and suffering is reversible error.
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