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Kondaurov v. Kerdasha9/16/2005
reasonably be expected to be sustained by a person of normal sensitivity and normal reactions under the circumstances of the case.
Conclusion
The defendants' motion to strike raised a question of law, not previously decided in Virginia, that the trial court, in its discretion, could properly reserve for determination at the stage of jury instructions. There was, therefore, no error in the court's decision to deny it and revisit the question at a later stage of the trial. The court did, however, for the reasons stated, err in denying Instruction T and in granting Instruction 15 without the "normal person" limitation discussed above.
Accordingly, the judgment of the trial court will be reversed and the case remanded for further proceedings consistent with this opinion, limited to the issue of damages.
Reversed and remanded.
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