Legal Opinion

Carpenter v. Hawkins

Augusta County Circuit Court

Decided June 14, 2016No. Case No. CL15001622-00Published

1Opinion of the Court

By

Judge Victor V. Ludwig

This matter comes before the Court on the demurrer filed by the Defendant, Hawkins, to the claim by the Plaintiff for punitive damages. The parties argued this matter on April 14, 2016. Having carefully considered the parties’ memoranda and reviewed the controlling law, I sustain the demurrer.

Standard

“To survive a challenge by demurrer, a pleading must be made with sufficient definiteness to enable the court to find the existence of a legal basis for its judgment.” Moore v. Jefferson Hosp., Inc., 208 Va. 438, 440 (1967) (internal quotations omitted). “A demurrer tests…

2Cases cited23 opinions

  1. Glazebrook v. Board of SupervisorsSupreme Court of Virginia · 2003
  2. Giant of Virginia, Inc. v. PiggSupreme Court of Virginia · 1967
  3. Booth v. RobertsonSupreme Court of Virginia · 1988
  4. Baker v. MarcusSupreme Court of Virginia · 1960
  5. Woods v. MendezSupreme Court of Virginia · 2003

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