Va. High Court Reverses Earlier Position, Reinstates $2 Million in Pre-Death Damages

RICHMOND, Va. –– The Virginia Supreme Court has modified an earlier ruling in which it vacated an award of non-pecuniary damages to the widow of a former seaman, saying now that the plaintiff should be allowed to recover $2 million in pre-death pain and suffering damages.

In the Sept. 14 opinion, the state high court ruled that in a general maritime survival action involving claims based on the death of a seaman, the Jones Act should provide guidance. As such, the court held to its earlier finding that an award of $1.15 million for loss of society should be …