BROADCASTS.com

b'

This podcast is provided by Ben Glass and Steve Emmert

www.BenGlassReferrals.com - www.Virginia-Appeals.com

\\xa0

Granted Appeal Summary

Case

SHIELA VIERS v. CHADWICK SETH BAKER (Record Number 190222)

From

The Circuit Court of Dickenson County; C. Gibb, Judge.

Counsel

Frank K. Friedman, Erin B. Ashwell (Woods Rogers, PLC), and Gerald Gray (Gerald Gray Law Firm) for appellant. Henry Keuling-Stout (Keuling-Stout, P.C.) for appellee.

Assignments of Error

1. The Circuit Court erred as a matter of law by ruling that Plaintiff\\u2019s claim for slander is barred by a prosecutor\\u2019s absolute immunity. The Defendant made knowingly, false statements about Plaintiff at a Democratic Committee meeting and to Plaintiff\\u2019s friends, family, and to others, including that Plaintiff was fired because she tampered with Defendant\\u2019s computer. The statements were not connected to any criminal investigation or action.

a. The Circuit Court erred in holding that Defendant\\u2019s statements at issue were directly related to Defendant\\u2019s trial duties; this is not a fair inference from the operable complaint, nor is it the prevailing law for determining whether a prosecutor is absolutely immune from suit.

b. The Circuit Court erred in holding that the Defendant was acting as Commonwealth\\u2019s Attorney at all relevant times; the operable complaint alleged that Defendant was acting on personal motives and with malice.

2. The Circuit Court erred in holding that Plaintiff failed to state a claim for intentional infliction of emotional distress.

www.courts.state.va.us/courts/scv/appeals/190222.pdf

This podcast is brought to you by Virginia Injury and Disability law firm, Ben Glass Law.

Real legal help for real people

Your life has been disrupted. You have good doctors and they support you. Your personal injury or long-term disability claim seems like a slam dunk. But there\\u2019s a problem: The insurance company doesn\\u2019t believe you. \\u201cYou can\\u2019t be hurt that bad! Our medical experts say you\\u2019re fine.\\u201d

You need a trusted advocate who can uncover all the facts, tell your story to the skeptical insurance company, and get you the money you deserve. You don\\u2019t have to do this alone. Contact our Virginia personal injury and long-term disability lawyers today for a free consultation or denial letter review.

Get a free consultation