Caruth v. C. Benson Clark, D.D.S., P.C. et al

Filing 55

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 4/12/2017. (awac, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division LEANORA CARUTH, Plaintiffs, Civil No. l:16-cv-149 Hon. Liam O'Grady C. BENSON CLARK D.D.S., d/b/a KING CENTRE DENTAL and DR. C BENSON CLARK, D.D.S. Defendants. MEMORANDUM OPINION Plaintiff Leonora Caruth has sued Dr. C. Benson Clark and his dental practice. King Centre Dental ("Defendants") for breach of contract and various torts relating to her dental treatment between 2011 and 2014. After receiving treatment from Dr. Clark, Ms. Caruth eventuallyabandoned Dr. Clark's practice and went to a different provider who determined it was necessary to replace all of Ms. Caruth's teeth and consequently remove all of Dr. Clark's work. Following this series of events, Ms. Caruth brought claims for: (1) medical negligence; (2) battery; (3) breach of contract; (4) fraud; and (5) a violation of the Virginia Consumer Protection Act (VCPA). Defendants have moved for Summary Judgment on all claims. (Dkt. No. 34). The parties fully briefed the matter and the Court heard oral argument on March 24, 2017. For the reasons that follow, the Court hereby GRANTS summary judgment as to the VCPA claims, but DENIES the motion in all other respects.

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