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KONDAUROV v. KERDASHA

Record No. 042077.

629 S.E.2d 181 (2006)

Vladimir KONDAUROV, et al. v. Eve I. KERDASHA.

Supreme Court of Virginia.

April 21, 2006.

Attorney(s) appearing for the Case

Grady C. Frank, Jr., Alexandria (Thomas C. Junker, Richmond; Megan Starace Ben'Ary, LaClair Ryan, Alexandria, on brief), for appellants,

Peter C. Burnett, Leesburg (Jeffrey Rosenfeld, Fairfax; Karen M. Kennedy; Donald S. Culkin, Washington, DC; Rosenfeld & Associates; Kennedy & Associates; Burnett & Williams, Leesburg, on brief), for appellee.

The Virginia Ass'n of Defense Attys.; M. Bryan Slaughter (Richard E. Ladd, Jr.; Mark E. Frye, on brief), in support of appellants.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and RUSSELL, Senior Justice.

CHARLES S. RUSSELL, Senior Justice.

In this appeal from a judgment for the plaintiff in a personal injury case, the dispositive question is whether the jury was permitted to consider non-recoverable elements in awarding damages for emotional distress.

Facts

The facts will be stated in the light most favorable to the plaintiff, the prevailing party at trial. On November 16, 1998, Eve I. Kerdasha...

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