Cosby v. Clem

Summary

The Supreme Court of Virginia held that the circuit court erred in setting aside a jury verdict awarding Susan Clem $9,000 in damages arising from a vehicle accident. Because credible evidence supported the jury's conclusion that Clem had not proved the accident caused her spinal cord stimulator to malfunction, the court reversed, reinstated the verdict, and entered final judgment for $9,000.

Holdings

1. The circuit court erred in setting aside the jury's $9,000 verdict because credible, controverted evidence supported the jury's conclusion that Clem failed to prove that the accident caused the spinal cord stimulator to malfunction or caused the related medical expenses.
2. The additur and resulting new-trial order could not stand because the circuit court improperly set aside the first jury verdict.

Questions Presented

1. Whether the circuit court erred in setting aside the jury's $9,000 damages verdict when the evidence regarding the cause of Clem's spinal cord stimulator malfunction was controverted.
2. Whether the circuit court properly granted additur and ordered a new trial after Cosby declined to accept the additur.

Disposition

reversed