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WOODS v. MENDEZ

Record No. 020466.

574 S.E.2d 263 (2003)

265 Va. 68

Nichole WOODS v. Armando V. MENDEZ, et al.

Supreme Court of Virginia.

January 10, 2003.

Attorney(s) appearing for the Case

William R. Curdts (John S. Martin; Dunton, Simmons & Dunton, on briefs), for appellant.

Janet Whitaker Cochran for appellee James Wesley Molle; Matthew J. Parini for appellee Armando V. Mendez.

No brief or argument for appellees Ernesto Mendez-Chavez and State Farm Mutual Automobile Insurance Company.

Present: All the Justices.

Opinion by Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether the trial court erred in sustaining the defendants' demurrers on the grounds that the plaintiff failed to state a claim for punitive damages either under Code § 8.01-44.5 or at common law.

On June 27, 1999, about 2:30 a.m., the plaintiff, Nichole Woods, was a passenger in a vehicle (the Woods vehicle) traveling north on Interstate Route 95 in Prince William County. The Woods...

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