Code of Virginia § 8.01-383.1. Appeal when verdict reduced and accepted under protest; new trial for inadequate damages.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. In any action at law in which the trial court requires a plaintiff to remit a part of his recovery, as ascertained by the verdict of a jury, or else submit to a new trial, such plaintiff may remit and accept judgment of the court thereon for the reduced sum under protest, but, notwithstanding such remittitur and acceptance, if under protest, may appeal the judgment of the court in requiring him to remit to the Court of Appeals. The defendant may appeal the judgment of the court in requiring such remittitur to the Court of Appeals, regardless of the amount.

If an appeal is taken from the judgment of the Court of Appeals, the Supreme Court, in matters in which it grants the petition for appeal, shall review the judgment, regardless of amount.

B. In any action at law when the court finds as a matter of law that the damages awarded by the jury are inadequate, the trial court may

(i)award a new trial or

(ii)require the defendant to pay an amount in excess of the recovery of the plaintiff found in the verdict. If either the plaintiff or the defendant declines to accept such additional award, the trial court shall award a new trial.

If additur pursuant to this subsection is accepted by either party under protest, it may be reviewed on appeal.

Code 1950, § 8-350; 1977, c. 617; 1994, c. 807 ; 1998, c. 861 ; 2021, Sp. Sess. I, c. 489 .