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SHEPHERD v. SMITH

Record No. 021148.

576 S.E.2d 427 (2003)

265 Va. 327

Clayton Lee SHEPHERD v. Samantha SMITH.

Supreme Court of Virginia.

February 28, 2003.

Attorney(s) appearing for the Case

James M. Lowe (Lowe & Carlo, on brief), Alexandria, for appellant.

David W. Drash (Robey, Teumer & Drash, on brief), Richmond, for appellee.

Present: HASSELL, C.J., and LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and CARRICO, S.J.

Opinion by Justice DONALD W. LEMONS.

In this appeal, we consider whether the trial court erred by granting the defendant's motion to set aside a plaintiff's verdict on the ground that the verdict was inadequate as a matter of law because it was less than the plaintiff's uncontroverted special damages.

I. Facts and Proceedings Below

On July 20, 2000, Clayton Lee Shepherd ("Shepherd") filed a motion for judgment in the Circuit Court of Westmoreland...

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