Green v. Ingram, 269 Va. 281

Summary

The Supreme Court of Virginia reviewed a wrongful-death action arising from the fatal shooting of Christie D. Green by fragments from frangible rounds fired by a police officer during a search-warrant operation. The court held that the plaintiff presented sufficient evidence for a jury to consider gross negligence, but insufficient evidence to support willful and wanton conduct or punitive damages. The judgment was affirmed in part, reversed in part, and remanded for a new trial on gross negligence.

Holdings

1. The administrator presented sufficient evidence to create a jury question on gross negligence, and the trial court erred in striking the evidence on that claim.
2. The trial court properly struck the evidence supporting willful and wanton conduct and punitive damages.
3. The court did not address the evidentiary assignment of error because the evidence had been offered in support of claims against Buckovich, who was no longer a defendant in the appeal.

Questions Presented

1. Whether the trial court erred in striking the administrator's evidence because the evidence was insufficient to present a jury question on gross negligence.
2. Whether the evidence was sufficient to present a jury question on willful and wanton negligence supporting punitive damages.
3. Whether evidence concerning heroin and firearms found in the residence was improperly admitted.

Disposition

reversed_and_remanded