Limitation on recovery of punitive damages (§ 8.01-38.1)—Virginia Decoded

Limitation on recovery of punitive damages

In any action accruing on or after July 1, 1988, including an action for medical malpractice under Chapter 21.1 (§ 8.01-581.1 et seq.), the total amount awarded for punitive damages against all defendants found to be liable shall be determined by the trier of fact. In no event shall the total amount awarded for punitive damages exceed $ 350,000. The jury shall not be advised of the limitation prescribed by this section. However, if a jury returns a verdict for punitive damages in excess of the maximum amount specified in this section, the judge shall reduce the award and enter judgment for such damages in the maximum amount provided by this section.

History

1987, c. 255.

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Court Decisions

Advanced Marine Enterprises v. Prc Inc. (SCV, 06/05/98)
. . . to reduce that amount to $350,000 under Code § 8.01-38.1. He also awarded varying amounts of . . .

. . . 42 Fed. R. Evid. Serv. 933, prod.liab.rep. (Cch) P 14,359 . . . (Court of Appeals for the Fourth Circuit, 10/10/95)
. . . maximum under Virginia law. Va.Code Ann. Sec. 8.01-38.1 (Michie 1992). Finding that the issues of . . .

. . . Paull Anderson v. Foundation for Advancement, Education and . . . (Court of Appeals for the Fourth Circuit, 09/10/98)
. . . damages at $350,000. Va.Code Ann. § 8.01-38.1 (Michie 1997). . . .

. . . James H. Johnson, A/K/A James H. Ferebee Commonwealth of . . . (Court of Appeals for the Fourth Circuit, 10/27/92)
. . . may exceed $350,000. Va.Code Ann. § 8.01-38.1. This "panoply of procedural . . .

. . . Kawther Al-Abood, Individually and on Behalf of Her Minor . . . (Court of Appeals for the Fourth Circuit, 06/30/00)
. . . . . .

Marina Shores v. Cohn-Phillips (SCV, 09/17/93)
. . . award to the $350,000 limit prescribed by Code § 8.01-38.1, awarded Cohn-Phillips $60,367.50 for . . .

. . . Wackenhut Applied Technologies Center, Incorporated v. . . . (Court of Appeals for the Fourth Circuit, 11/10/92)
. . . $1,000,000 to $350,000, under Va.Code Ann. § 8.01-38.1, Virginia's statutory cap on . . .

ITT Hartford Group v. VA. FINANCIAL ASSOC. (SCV, 09/17/99)
. . . award to $350,000, the sum permitted by Code § 8.01-38.1. Hartford appeals. . . .

Edward Neal Alford v. Appalachian Power Company (Court of Appeals for the Fourth Circuit, 12/05/91)
. . . subject to a statutory cap, Va.Code Ann. § 8.01-38.1 (Michie Supp.1991), neither of which is . . .

Glover v. General Motors Corp. (District Court, W.D. Virginia, 03/20/97)
. . . statutory cap imposed by Virginia law. Va.Code Ann. § 8.01-38.1 (Michie 1992). In view of my . . .

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