This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Emotional Distress Proof and the related topic of personal injury. For more information on emotional distress see the pages on Wikipedia.
Emotional Distress Proof-Cases
2006 Kondaurov v. Kerdasha, 271 Va. 646, 629 S.E.2d 181.
Personal injury action arising out of motor vehicle accident involving Plaintiff and her dog. Plaintiff is barred from recovering damages for emotional distress arising from her concerns about her dog. Mental anguish may be inferred from bodily injury and it is not necessary to prove it with specificity.
1990 Bulala v. Boyd, 239 Va. 218, 389 S.E.2d 670.
Medical malpractice case. Court refused to recognize loss of enjoyment of life as separately compensable element of damages in personal injury cases. However, “suffering” can readily be understood by juries to encompass mental anguish resulting from loss of enjoyment of life. Court seems to recognize that this is appropriate for argument but not for separate jury instruction.
1986 Wallen v. Allen, 231 Va. 289, 343 S.E.2d 73.
Jury may properly infer mental anguish as well as physical pain from circumstances of injury including violence with which it was inflicted.
1979 Armstead v. James, 220 Va. 171, 257 S.E.2d 767.
Direct evidence of anguish associated with deformity is not required.
1973 Swersky v. McPeek, 214 Va. 253, 199 S.E.2d 507.
Plaintiff’s injuries were bruises and abrasions and were not of such nature that jury could reasonably infer that they caused him humiliation.
1968 Bruce v. Madden, 208 Va. 636, 160 S.E.2d 137.
Pain and mental anguish usually flow from bodily injuries. It is not necessary to make specific proof of them. From nature of injuries jury may infer pain and mental anguish. For purposes of jury instruction, mention of mental anguish should be in same paragraph as physical pain so as not to give it undue emphasis.
1960 Diggs v. Lail, 201 Va. 871, 114 S.E.2d 743.
Emotional distress proof.Plaintiff put on medical testimony as to depression resulting from accident.
1957 Perlin v. Chappell, 198 Va. 861, 96 S.E.2d 805.
Emotional distress proof.Although mental anguish is proper element of damages it should not be overemphasized as was done in instruction in this case.
