Quimbee logo
DMCA.com Protection Status

Cashion v. Smith

749 S.E.2d 526 (2013)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Cashion v. Smith

Virginia Supreme Court

749 S.E.2d 526 (2013)

Facts

Dr. Robert Smith (defendant) was a trauma surgeon employed by Carilion Medical Center (Carilion) (defendant). Dr. Bradley Cashion (plaintiff) was an anesthesiologist who worked for the company that provided anesthesiology services to Carilion. Smith and Cashion performed emergency surgery on a critically injured patient who died in the operating room. After the patient’s death, Smith told Cashion in front of the other operating-room-team members that the patient “could have made it with better resuscitation,” that “this was a very poor effort,” and that Cashion “didn’t really try,” “gave up on him,” and “determined from the beginning that he wasn’t going to make it and purposefully didn’t resuscitate him.” In the hallway, Smith told Cashion that Cashion had “just euthanized” Smith’s patient and repeated it at a meeting that evening. Cashion sued Smith and Carilion for defamation. Smith and Carilion filed demurrers, arguing that Smith’s statements were expressions of opinion or rhetorical hyperbole. The court dismissed the claims based on statements unrelated to euthanasia as nonactionable expressions of opinion. The court granted Smith and Carilion’s subsequent motion for summary judgment on the euthanasia statements, holding that the statements were not rhetorical hyperbole but a qualified privilege applied. Cashion appealed.

Rule of Law

Issue

Holding and Reasoning (Mims, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership