8.01-383.1 - Appeal when verdict reduced and accepted under protest; new trial for inadequate damages.
§ 8.01-383.1. Appeal when verdict reduced and accepted under protest; newtrial for inadequate damages.
A. In any action at law in which the trial court shall require a plaintiff toremit a part of his recovery, as ascertained by the verdict of a jury, orelse submit to a new trial, such plaintiff may remit and accept judgment ofthe court thereon for the reduced sum under protest, but, notwithstandingsuch remittitur and acceptance, if under protest, the judgment of the courtin requiring him to remit may be reviewed by the Supreme Court upon an appealawarded the plaintiff as in other actions at law; and in any such case inwhich an appeal is awarded the defendant, the judgment of the court inrequiring such remittitur may be the subject of review by the Supreme Court,regardless of the amount.
B. In any action at law when the court finds as a matter of law that thedamages awarded by the jury are inadequate, the trial court may (i) award anew trial or (ii) require the defendant to pay an amount in excess of therecovery of the plaintiff found in the verdict. If either the plaintiff orthe defendant declines to accept such additional award, the trial court shallaward a new trial.
If additur pursuant to this subsection is accepted by either party underprotest, it may be reviewed on appeal.
(Code 1950, § 8-350; 1977, c. 617; 1994, c. 807; 1998, c. 861.)