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MARTIN v. DUNCAN

Record No. 072571.

671 S.E.2d 151 (2009)

Pamela MARTIN v. Christopher DUNCAN.

Supreme Court of Virginia.

January 16, 2009.

Attorney(s) appearing for the Case

Curtis T. Brown, Norfolk, for appellant.

Thomas C. Dawson, Jr. (Jason C. Roper; McKerny, Dancigers, Dawson & Lake, on brief), Virginia Beach, for appellee.

Present: HASSELL, C.J., KEENAN, KINSER, LEMONS, GOODWYN, and MILLETTE, JJ., and LACY, Senior Justice.

OPINION BY Senior Justice ELIZABETH B. LACY.

In this appeal we consider whether the costs of impaneling a jury may be imposed upon a plaintiff seeking a nonsuit as a matter of right.

Pamela Martin filed a complaint against Christopher Duncan seeking recovery of damages she sustained as a result of Duncan's alleged negligence. During a jury trial, Martin moved to strike Duncan's evidence on the issue of liability. The trial court denied that motion and Martin...

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