$6.2 Million Verdict Reinstated by Virginia Supreme Court

HOAR v. GREAT EASTERN RESORT MANAGEMENT, INC.

Counsel for Plaintiffs:
Bruce D. Rasmussen and Jennifer Jones of the firm Michie, Hamlett, Lowry, Rasmussen, and Tweel, P.C. of Charlottesville, Virginia; and Patrick M. Regan, and Jonathan Halperin of Regan, Halperin and Long, Washington, D.C. Jim Chalat worked with these capable trial lawyers on the petitions and briefs.
Court:
Supreme Court of Virginia
1998 WL 774588, Virginia Supreme Court (11/6/98)

On June 21, 1997 an Albermarle County, Virginia jury entered a $6.2 million award in favor of Hoar, and against Great Eastern Resort, the corporate owner of the Massanutten resort where Hoar was severely injured while skiing. The Jury determined no contributory negligence, and no assumption of risk.

On August 11, 1997 the trial judge determined that there was insufficient evidence to support the verdict, giving credence to defendant's contention that the result was merely a "sympathy verdict." We filed a petition for writ of certorari to the Supreme Court of Virginia. The writ was granted. On November 6, 1998, the Court reversed the judgment nov, and reinstated the verdict.

Size did not matter to a unanimous Virginia Supreme Court. It ruled that the largest jury verdict ever entered in a ski accident case, must be reinstated. The Court found that there was sufficient evidence to support the jury's verdict. Moreover, the court held that expert testimony was not required to prove the case. The effect of the ruling was to enter final judgment on the jury's verdict of $6,170,563.00, in favor of the skier and against the corporate owner of the Massanutten Ski Resort.

At the outset, in its ruling, the Virginia Supreme Court determined that even though the trial court had set the verdict aside, that the Court must state the facts and reasonable inferences to be drawn therefrom in the light most favorable to the party who prevailed before the jury; if there is any credible evidence in the record that supported the verdict, the Court determined that it must reinstate that verdict and enter judgment thereon.

To the Virginia Supreme Court opinion