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SUPINGER v. STAKES

Record No. 970423.

495 S.E.2d 813 (1998)

Lori Ann SUPINGER v. Gloria STAKES.

Supreme Court of Virginia.

January 9, 1998.

Attorney(s) appearing for the Case

Lisa D. Barnett, McLean (R. Craig Jennings; Slenker, Brandt, Jennings & Johnston, Merrifield, on brief), for appellant.

Peter A. Teumer (Robey & Teumer, on brief), for appellee.

Present: All the Justices.

KINSER, Justice.

At issue in this appeal is the constitutionality of Code § 8.01-383.1(B) in cases where the damages are unliquidated.1 This section allows a trial court to use additur when it determines that the damages awarded by a jury are inadequate. Because we find that Code § 8.01-383.1(B), as written and as applied in this case, violates an individual's right to a jury trial as guaranteed in the Constitution of Virginia...

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