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VELOCITY EXPRESS MID-ATLANTIC v. HUGEN

Record No. 022877.

585 S.E.2d 557 (2003)

266 Va. 188

VELOCITY EXPRESS MID-ATLANTIC, INC. v. Brian F. HUGEN.

Supreme Court of Virginia.

September 12, 2003.

Attorney(s) appearing for the Case

John Charles Thomas; E. Duncan Getchell, Jr. (M. Christine Klein; Brian J. Schneider; Robert L. Hodges; Amy M. Pocklington; Hunton & Williams; McGuireWoods, on briefs), Richmond, for appellant.

Jeffrey A. Breit (John W. Drescher; John L. Watts; Boyd Scarborough; Breit, Drescher & Imprevento; Griffin, Pappas & Scarborough, on brief), Norfolk, for appellee.

Amicus Curiae: American Tort Reform Association (Sherman Joyce; Victor E. Schwartz; Mark A. Behrens; Cary Silverman; Shook, Hardy & Bacon, on brief), in support of appellant.

Present: All the Justices.

OPINION BY Chief Justice LEROY R. HASSELL, SR.

I.

In this appeal, the primary issue that we consider is whether the plaintiffs closing argument to the jury deprived the defendant of its right to a fair and impartial trial.

II.

Plaintiff, Brian F. Hugen, was seriously injured in an automobile accident on August 28, 2000. The accident occurred around 7:00 a.m. on State Route 32 in the City of Suffolk. Route 32 is a two lane highway that extends...

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