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Fruiterman v. Waziri3/3/2000
P.C. contends that " he award for non-economic loss bears no reasonable relation to the evidence and therefore is excessive." The P.C. is referring to the jury's award of $655,973.46, a sum in addition to its award for expenses incurred in "the care, treatment and hospitalization of the decedent".
The wrongful death statute, ยง 8.01-52, provides that " he jury or the court . . . may award such damages as to it may seem fair and just" and that " he verdict or judgment . . . shall include, but may not be limited to, damages for . . . orrow, mental anguish, and solace . . . ."
We find the evidence of sorrow, mental anguish, and solace contained in this record fully sufficient to support the jury's award, and finding no merit in the assignments of error, we will affirm the judgment entered by the trial court. Affirmed.
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