BAILEY v. HENDERSON

Record No. 890737.

392 S.E.2d 681 (1990)

Wilbur Michael BAILEY v. Timothy W. HENDERSON, Jr.

Supreme Court of Virginia.

June 8, 1990.


Attorney(s) appearing for the Case

William D. Breit (Breit, Drescher & Breit, Norfolk, on brief), for appellant.

Terry H. Davis, Jr. (Harris, Fears, Davis, Lynch & McDaniel, Norfolk, on brief), for appellee.

Present: All the Justices.


CARRICO, Chief Justice.

In this personal injury case, a jury awarded the plaintiff, Wilbur Michael Bailey, a verdict for $100,000 against the defendant, Timothy W. Henderson, Jr. Acting upon a defense motion, the trial court set the verdict aside, holding that it had erred in granting Instruction No. 2. This instruction permitted the jury to consider whether the plaintiff would suffer future "lessening of earning capacity" as a result of his injuries.

In a...

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