Tort Law

Brien Roche

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 Pain and Suffering. For more information on pain and suffering matters see the pages on Wikipedia.  

Pain and Suffering-Cases

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. 

1975 Murphy v. Virginia Carolina Freight Lines, 215 Va. 770, 213 S.E.2d 769. 

Controlled by proper instructions, verdict arrived at upon competent evidence, including evidence that injured party has suffered pain for prolonged period of time due to neck and back injury, should not be disturbed. 

1974 Lynchburg Coca-Cola Bottling Co. v. Reynolds, 215 Va. 1, 205 S.E.2d 396. 

Plaintiff became ill from drinking Coke with mold and other foreign substance in bottle. Verdict for $3,000 excessive as plaintiff had nausea and vomiting, out of pocket expense of $5 for Pepto Bismol, and no lost time from work. Verdict must bear reasonable relation to damages sustained. Verdict shocks conscience. 

1967 Wilson v. Whittaker, 207 Va. 1032, 154 S.E.2d 124. 

In wrongful death action, pain and anguish suffered by deceased and his medical and funeral expenses are not recoverable elements of damage. 

1967 Wagnstrom v. Pope, 207 Va. 761, 152 S.E.2d 21. 

Compensation one is entitled to receive for pain and suffering in personal injury case cannot be measured with precision and ordinarily is question of fact to be determined by composite judgment of jurors, fairly exercised, under no improper influence or circumstances. 

1966 Hailes v. Gonzales, 207 Va. 612, 151 S.E.2d 388. 

Plaintiff suffered injuries to her back in rear-ender. Future pain and suffering could be taken into consideration where there was evidence to support it.