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ALLIED CONCRETE CO. v. LESTER

Record Nos. 120074, 120122.

736 S.E.2d 699 (2013)

285 Va. 295

ALLIED CONCRETE COMPANY, et al. v. Isaiah LESTER, Individually and as Administrator of the Estate of Jessica Lynn Scott Lester. Isaiah Lester, Individually and as Administrator of the Estate of Jessica Lynn Scott Lester v. Allied Concrete Company, et al.

Supreme Court of Virginia.

January 10, 2013.

Attorney(s) appearing for the Case

John W. Zunka, Charlottesville (John M. Roche; Taylor Anderson; Zunka, Milnor & Carter, on briefs), for Allied Concrete Company, et al., for appellant.

Malcom P. McConnell, III (Nathan J.D. Veldhuis; Allen Allen Allen & Allen, Fredericksburg, on briefs), for Isaiah Lester, for appellee, for Record No. 120122.

Present: All the Justices.

Opinion by Justice CLEO E. POWELL.

In these combined appeals, we consider whether the trial court erred 1) in denying a motion for a new trial based on the undisputed misconduct by the plaintiff and his attorney; 2) in denying a motion for a mistrial based on juror misconduct; and 3) in remitting the jury verdict.

I. BACKGROUND

On June 21, 2007, Isaiah Lester ("Lester") was driving his wife, Jessica, to work, traveling west on the Thomas Jefferson...

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