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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 Sympathy.
See Va. Code § 8.01-581.20:1 as to expressions of sympathy not being admissible as to health care provider.
1962 Phillips v. Fulghum, 203 Va. 543, 125 S.E.2d 835.
Argument that jurors put themselves in plaintiffs place is improper but not reversible error in this case.
1953 Bangley v. Virginian Ry., 195 Va. 340, 78 S.E.2d 696.
Plaintiff testified that he was married and had young child. Question was struck on objection, but it was still proper to instruct jury that “they must not let any sympathy they may feel influence their verdict” and that their verdict must not “be based in whole or in part, upon conjecture, surmise or sympathy.”
1943 American Tobacco Co. v. Harrison, 181 Va. 800, 27 S.E.2d 181.
Dart out case. Jury found for plaintiff. It was suggested that sympathy of jury had been aroused. This was imponderable, and with which Supreme Court was unable to deal.
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