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FUSTE v. RIVERSIDE HEALTHCARE ASS'N, INC.

Record No. 020628.

575 S.E.2d 858 (2003)

265 Va. 127

Rosa FUSTE, M.D., et al. v. RIVERSIDE HEALTHCARE ASSOCIATION, INC., et al.

Supreme Court of Virginia.

January 10, 2003.

Attorney(s) appearing for the Case

James H. Shoemaker, Jr., Newport News (Duncan Garnett; Douglas E. Miller; Patten, Wornom, Hatten & Diamonstein, on briefs), for appellants.

Brian N. Casey, Norfolk; Robyn Hylton Hansen, Newport News (John Franklin, III, Norfolk; Leonard C. Heath, Newport News; Gary A. Mills; Taylor & Walker; Jones, Blechman, Woltz & Kelly, on briefs), for appellees.

Present: All the Justices.

Opinion by Justice CYNTHIA D. KINSER.

In this appeal, the primary issue is whether alleged defamatory communications are statements of fact or expressions of opinion. Because we conclude that certain of the alleged statements contain provably false factual connotations while other alleged statements are dependent upon the speaker's viewpoint, we will reverse, in part, and affirm, in part, the judgment of the circuit court sustaining a demurrer.

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