SUNRISE CONTINUING CARE, LLC v. WRIGHT

Record No. 072501.

671 S.E.2d 132 (2009)

SUNRISE CONTINUING CARE, LLC v. James F. WRIGHT, et al.

Supreme Court of Virginia.

January 16, 2009.


Attorney(s) appearing for the Case

John D. McGavin (Melissa Hogue Katz; Brian C. Wilberg; Trichilo, Bancroft, McGavin, Horvath & Judkins, on brief), Fairfax, for appellant.

Robert J. Madigan (Madigan & Scott, on brief), Springfield, for appellees.

Present: All the Justices.


OPINION BY Justice LEROY F. MILLETTE, JR.

In this appeal, we consider whether the trial court erred in allowing a jury to calculate damages arising from an alleged breach of a continuing care services contract when the plaintiffs' claims for rescission of the contract and for fraud were dismissed, and the plaintiffs presented no evidence of compensatory damages in support of their sole remaining claim for breach of contract.

BACKGROUND

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