Virginia Tort Claims Act used in defamation suit – $125,000 Verdict

Plaintiff alleged in a complaint filed pursuant to the Virginia Torts Claims Act that a report published online by a state agency of the Commonwealth of Virginia in March 2013 defamed her. The jury found that the defendant had committed defamation per se and awarded the Plaintiff $125,000.00 in damages. This sum was later reduced by motion to $100,000.00 which is the statutory cap of the VTCA. In finding that the defendant committed defamation per se, the jury found that “New York Times malice” existed. See New York Times Co. v. Sullivan, 376 U.S. 254 (1964).

[17-T-176]

Type of action: Defamation Per Se

Injuries alleged: Plaintiff alleged that a report of an investigation published online in March 2013 by the Office of Licensing, a division of the Virginia Department of Behavioral Health and Developmental services, defamed her.

Name of case: Debra Ruth Hiatt v. Commonwealth of Virginia

Court: Richmond Circuit Court

Case no.: 14001212-00-06

Tried before: Judge

Name of judge or mediator: Judge Bradley Cavedo

Date resolved: Oct. 27, 2017

Verdict or settlement: Verdict

Amount: $125,000

Attorneys for plaintiff: Tommy Strelka, Winston West, and Linda Leigh R. Strelka, Roanoke

Attorneys for defendant: Office of the Attorney General

Plaintiff’s experts: Pamela Williams, expert on damages