Tort Law

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 Malicious Prosecution Damages.   For more information about malicious prosecution see the pages on Wikipedia.

Malicious Prosecution Damages-Cases

1989 Ely v. Whitlock, 238 Va. 670, 385 S.E.2d 893.

Malicious prosecution damages. Special injury (special loss or unusual hardship), personal arrest or property seizure must be alleged in malicious prosecution action arising out of prior civil action. Defense cost, damage to reputation, loss of income, or anxiety are not special injuries.

1967 Giant of Va., Inc. v. Pigg, 207 Va. 679, 152 S.E.2d 271.

Malicious prosecution action. Plaintiff recovered $5,000 compensatory and $50,000 punitive damages based on malice in law inferred from lack of probable cause. Case not proper one for punitive damages. In order to recover punitive damages, plaintiff must show that defendant acted with actual malice, in sense of personal ill will, or under circumstances of insult, rudeness or oppression, or in manner showing reckless and wanton disregard of plaintiff’s rights. Also, actual malice must be shown by evidence especially addressed to this question, it cannot be inferred from showing of want of probable cause.

1961 Spitzer v. Clatterbuck, 202 Va. 1001, 121 S.E.2d 466.

Where essential elements of cause of action are established, the plaintiff is entitled without further proof to recover damages for: (1) harm to his reputation which normally results from such accusation; and (2) distress that normally results from initiation of such proceedings.