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FORD MOTOR CO. v. BENITEZ

Record No. 051769.

639 S.E.2d 203 (2007)

FORD MOTOR COMPANY, et al. v. Berta BENITEZ.

Supreme Court of Virginia.

January 12, 2007.

Attorney(s) appearing for the Case

Benjamin J. Trichilo, Fairfax (Robert L. Wise, Richmond; Trichilo, Bancroft, McGavin, Horvath & Judkins; Bowman & Brooke, on briefs), for appellants.

David Bernhard (Cheryl E. Gardner; Taras S. Rudnitsky; Bernhard & Gardner, on brief), for appellee.

Amicus Curiae: The Virginia Association of Defense Attorneys (Richard E. Ladd, Jr.; Mark E. Frye; Penn, Stuart & Eskridge, on brief), in support of appellant Robert J. Wise, Esq.

Amicus Curiae: The Virginia Trial Lawyers Association (Roger T. Creager; Marks & Harrison, on brief), in support of appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

OPINION BY Senior Justice CHARLES S. RUSSELL.

This is an appeal from an order imposing monetary sanctions against an attorney. The sanctions were imposed because the trial court found that the attorney had filed a pleading asserting affirmative defenses that were not "well grounded in fact" in violation of Code § 8.01-271.1.

The facts pertinent to the appeal are not in dispute. In 2002, Berta Benitez filed an action in the trial court against Ford Motor...

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