Paul v. Gomez

OPINION AND ORDER

JONES, District Judge.

In this medical malpractice action, the defendant has moved to strike the ad damnum clause of the plaintiffs complaint because it seeks damages in excess of the Virginia statutory cap and to strike the claim for punitive damages on the ground that it is factually insufficient. I will grant the motion as to the ad damnum but deny it as to the claim for punitive damages.

I

The plaintiff claims that her decedent, Johnny M. Beverly, was the victim of medical malpractice at the hands of the defendant *403physician.1 Count I of the complaint alleges that the…