XSPEDIUS MANAGEMENT v. STEPHAN

Record No. 041720.

611 S.E.2d 385 (2005)

269 Va. 421

XSPEDIUS MANAGEMENT CO. OF VIRGINIA, L.L.C. v. Albert J. STEPHAN, et al.

Supreme Court of Virginia.

April 22, 2005.


Attorney(s) appearing for the Case

William L. Carey (John W. Farrell; Blankingship & Keith; McCandlish & Lillard, on briefs), Fairfax, for appellant.

Charles J. Swedish (Sloan and Swedish, on brief), Vienna, for appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and COMPTON, S.J.


Opinion by KINSER, Justice.

In this action for a continuing trespass on real property, the dispositive issue is whether there was sufficient evidence to support the jury's award of punitive damages. Because the defendant did not act with such recklessness as to evince a conscious disregard of property rights, we will reverse the circuit court's judgment awarding punitive damages.

Albert J. and Helene Stephan (the Stephans) own a parcel of real estate located...

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