This podcast is provided by Ben Glass and Steve Emmert
www.BenGlassReferrals.com - www.Virginia-Appeals.com
Granted Appeal Summary
Case
AMANDA C. PADULA-WILSON v. SCOTT DAVID LANDRY, ET AL. (Record Number 190107)
From
The Circuit Court of the City of Richmond; C. Maxfield, Judge Designate.
Counsel
Amanda C. Padula-Wilson appellant pro se.
William L. Mitchell, II and Michelle Jessee (Eccleston and Wolf, P.C.), Thomas H. Roberts (Thomas H. Roberts & Associates, PC), Joseph M. Rainsbury and Tracy Taylor Hague (LeClairRyan, PLLC), Juliane C. Miller (Harman, Claytor, Corrigan & Wellman), Christopher Hassell, and Joel M. McCray and Angela Boice Axselle (Wimbish Gentile McCray & Roeber PLLC) for appellees.
Assignments of Error
1. The Circuit Court erred when it granted all the Defendants demurrers and dismissed the tortious interference of parental rights claims and when it ruled that a) the tort does not exist under the fact pattern in this case b) there was absolute immunity for all of the Defendants because their out-of-court actions were in the course of judicial proceedings and c) a court ultimately made custody and visitation decisions even if the Defendants made the decisions over years, and so there was due process, no causal relationship, and no harm.
2. The Circuit Court erred when it granted Nelson’s demurrer and dismissed the defamation claims and when it ruled that her statements in emails were subject to privilege and immunity.
3. The Circuit Court erred when it granted Defendants demurrers and dismissed the negligent retention claim and when it ruled that physical injury was required and had not been pled.