Revision of Verdict. Amends Virginia's additur statute. Additur is a means by which a trial court can increase a jury's award to a plaintiff when the verdict is deemed by the court to be too low. Earlier this year the Supreme Court of Virginia ruled that the additur statute, Virginia Code § 8.01-383.1, was unconstitutional because it permitted a defendant to choose between accepting the higher award or appealing -- but it did not give plaintiffs a reciprocal right to protest the award. The statute was amended to provide that: "If either the plaintiff or the defendant declines to accept such additional award," the trial court shall award a new trial if the original jury verdict is deemed inadequate. (HB 961)
Suit by Minor's Next Friend. Permits either or both parents to sue on behalf of a minor as his next friend, rather than only one as at present. (HB 18)
"Year 2000". Amends the Virginia Tort Claims Act to provide immunity to the Commonwealth's agencies and employees from any claim arising from the failure of a computer, software program, database, network, information system, firmware or any other device, whether operated by or on behalf of the Commonwealth or by one of its agencies, to interpret, produce, calculate, generate, or account for a date which is compatible with the "Year 2000" date change. (HB 277)
General District Court Jurisdiction. Increases exclusive civil jurisdiction of general district courts from $1,000 to $3,000. Tort Claims Act cases remain subject to the jurisdictional limits set forth in that act. (HB 512)
Punitive Damages and DUI. Amends Virginia Code § 8.01-44.5 to establish that when a DUI defendant has unreasonably refused to submit to a test of his blood alcohol content, his refusal shall be deemed sufficiently willful or wanton as to give rise to an action for punitive damages when the evidence proves that (i) the defendant was intoxicated when an incident causing the injury or death occurred, (ii) at the time the defendant was drinking alcohol, he knew that he was going to operate a motor vehicle, and (iii) the defendant's intoxication was a proximate cause of the injury or death. (HB 1144)
Service Issues. Requires that service of process by the Secretary of the Commonwealth on foreign defendants over whom the court has personal jurisdiction shall be, at a minimum, by certified mail, return receipt requested. The law makes the same requirement for Virginia defendants who cannot be found who are served by the Secretary. Current law had permitted notice of such service by ordinary mail. The bill also raises the fee due the Secretary of the Commonwealth for such service to reflect added costs. (HB 777)
New legislation also permits town police officers to serve civil papers, and make return thereof, when the town is the plaintiff and the defendant can be found within the corporate limits of the town. (HB 783)