Askew v. Collins, 722 S.E.2d 249

Collins sued Askew for defamation, breach of contract, and conspiracy; settled with some other defendants for $120,000.
Case proceeded against Askew only for defamation, breach of contract, conspiracy; jury found defamation based on a single January 8, 2003 statement to The Daily Press.
Askew moved to set aside the verdict or reduce the judgment under Code § 8.01-35.1; trial court denied.
Trial court held the defamation per se instruction was proper and that damages were recoverable per se without showing additional damages.
Collins testified about career impact and the Daily Press article, and evidence suggested the statements were discussed prior to publication.
Court held the January 8 statement accrued the claim and was the injury, making §8.01-35.1 inapplicable; affirmed judgment against Askew.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the verdict survive despite damages causation?	Collins argued per se defamation damages were presumed.	Askew argued damages required publication in the article or proof of proximate causation.	Damages presumed for per se defamation; no error setting aside.
Should § 8.01-35.1 reduce the judgment due to prior settlements?	Collins argued settlements do not offset because the injury from Askew's statement accrued earlier.	Askew argued the award should be reduced by settlements under § 8.01-35.1.	§ 8.01-35.1 inapplicable; no reduction.

Gazette, Inc. v. Harris, 229 Va. 1 (Va. 1985) (damages for per se defamation presumed)
Great Coastal Express, Inc. v. Ellington, 230 Va. 142 (Va. 1985) (presumption of damages for per se defamation)
Westminster Investing Corp. v. Lamps Unlimited, 237 Va. 543 (Va. 1989) (accrual of defamation action on the date of the defamatory act)
Caudill v. Wise Rambler, 210 Va. 11 (Va. 1969) (defamation accrual timing and damages considerations)
Jordan v. Shands, 255 Va. 492 (Va. 1998) (accrual and damages in defamation actions clarified)