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Keywords

plaintiffdefendantpleamotionfiduciarysustainedfiduciary dutybreach of fiduciary duty

plaintiffdefendantsustained

Related Cases

Starks v. McCabe, Not Reported in S.E.2d, 49 Va. Cir. 554, 1998 WL 34180884

Facts

The plaintiff, a former employee of the Sheriff's Department, alleged that defendant Diane Woods made two defamatory statements about her, claiming she was a lesbian and making a statement implying a risk of disease. Additionally, defendant Michael O'Toole allegedly provided false information to the Virginia Employment Commission regarding the plaintiff's discharge. The plaintiff's claims arose from her employment from March to August 1997, and the defendants filed a demurrer to challenge the legal sufficiency of the claims.

The plaintiff alleges in paragraph 22 that Ms. Woods made that statement in the presence of other employees and that the statement in paragraph 14 was made to an unnamed third person.

Issue

The main legal issues were whether the statements made by the defendants were defamatory and whether the claims for intentional infliction of emotional distress and breach of fiduciary duty were legally sufficient.

The defendants have demurred to the two other statements on the grounds that the statements are not alleged in haec verba; that they were not published; and that they are not defamatory.

Rule

The court applied the legal principles regarding defamation, including the requirement that statements must be capable of a defamatory meaning and the standards for proving intentional infliction of emotional distress.

It is for the Court to determine initially as a matter of law whether a statement is capable of a defamatory meaning.

Analysis

The court analyzed the statements made by Woods and O'Toole, determining that the allegations did not meet the legal standards for defamation per se. The court found that the statement about the plaintiff being a lesbian did not imply a criminal act and that the other statements lacked the necessary elements to be considered defamatory. Additionally, the court concluded that the plaintiff failed to adequately plead the elements required for a claim of intentional infliction of emotional distress.

The court analyzed the statements made by Woods and O'Toole, determining that the allegations did not meet the legal standards for defamation per se.

Conclusion

The court sustained the defendants' demurrer, ruling that the plaintiff's claims were insufficiently pleaded and did not meet the legal standards for defamation or emotional distress.

The demurrer is sustained as to the information Mr. O'Toole gave the VEC.

Who won?

The defendants prevailed in the case because the court found that the plaintiff's allegations did not meet the legal requirements for defamation or emotional distress.

The defendants are the Sheriff of Norfolk and two of his employees.

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