Legal Opinion

Matthew v. Carr

Charlottesville County Circuit Court

Decided March 20, 2006No. Case No. 05-247Published

1Opinion of the Court

BY JUDGE EDWARD L. HOGSHIRE

Christopher Matthew filed this Motion for Judgment (“MFJ”) against Meghan K. Carr claiming defamation, malicious prosecution, and negligence. The action arises out of the Defendant’s accusation that the Plaintiff raped her. The accusation was later proved to be false by DNA evidence. Defendant’s demurrer to the MFJ gives rise to the issues before the Court today. For the reasons articulated below, the Court overrules Defendant’s demurrer as to Counts I and II but sustains the demurrer to Count IH.

Standard of Review

For the purposes of a demurrer, the facts as stated…

2Cases cited24 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. CaterCorp, Inc. v. Catering Concepts, Inc.Supreme Court of Virginia · 1993
  3. Gazette, Inc. v. HarrisSupreme Court of Virginia · 1985
  4. Ames v. American National BankSupreme Court of Virginia · 1934
  5. Hughes v. MooreSupreme Court of Virginia · 1973

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