Cabiness v. Medical Facilities of Am. VIII (8), L.P.

By Judge David A. Melesco

This matter comes before the Court on the defendants’ demurrer to the plaintiffs claim for punitive damages. For the reasons stated below, the Court overrules the Demurrer to Plaintiffs First Amended Complaint.

Facts on Demurrer

Standard of Review

The Court, in ruling on the defendants’ demurrer, “consider[s] as true all material facts that are properly pleaded, facts which are impliedly alleged, and facts which may be fairly and justly inferred from the facts alleged.” Luckett v. Jennings, 246 Va. 303, 307, 435 S.E.2d 400, 402 (1993). Nonetheless, despite the liberality…