Hamer v. School Board of the City of Chesapeake ( 1990 )

JUSTICE COMPTON

dissenting, in part.

“When it plainly appears from the record and the evidence given at the trial that the parties have had a fair trial on the merits and substantial justice has been reached, no judgment shall be arrested or reversed.” Code § 8.01-678. In the context of the entire closing argument, I do not view School Board counsel’s isolated comments seized upon by the majority to be so egregious as to warrant a reversal and a new trial.

The Court has affirmed the trial court on all the significant appellate issues, rulings in which I join. Even if I agreed with the majority that the trial court abused its discretion in connection with the closing argument, I nevertheless would affirm the judgment below.

The landowners’ evidence on the issue of just compensation ranged from about $4.9 million to about $5.4 million. The condemnor’s evidence on that issue valued the property in the sum of approximately $1.6 million. The award of $2.7 million is well within the range of the conflicting evidence, lower than the landowner claimed and higher than the condemnor estimated.

Given the otherwise errorless conduct of the trial, I would not put these parties to the time and expense of another trial for two fairly innocuous comments during closing argument when, I submit, it appears the litigants have had a fair trial on the merits and substantial justice has been attained.