Verdicts & Settlements February 15, 2010: Co-worker alleges former judge defamed her in bid to keep seat

A Williamsburg/James City County jury returned a $456,000 defamation and breach of contract verdict on Jan. 29 against former Newport News Circuit Court Judge Verbena Askew in favor of former Hampton/Newport News Drug Court Administrator Brenda Collins.

Eight people (seven jurors and one alternate) heard three days of testimony from 11 witnesses ranging from the Hampton city attorney and Daily Press editors and reporters to Collins' co-workers.

Collins alleged that between 2001 and 2003 all parties abided by the terms of a 2001 agreement settling a sex harassment claim brought by Collins against Askew when they were both working at the drug court in the city. However, when Askew sought reappointment to the circuit court bench in 2003 state legislators raised questions concerning two 2001 agreements regarding settlement of the harassment claim.

Legislators determined that Askew had entered into a confidentiality and non-disparagement agreement related to the harassment settlement. As soon as the Senate committee reviewing then-Judge Askew's reappointment issued a subpoena to Hampton for related records to further explore the issue (but before Hampton had responded to the subpoena), Askew contacted the Daily Press, releasing confidential documents and issuing defamatory statements about Collins to the newspaper.

Askew asserted at trial that she was simply trying to get out her side of the story. However, Collins maintained that Askew intentionally defamed and discredited her to make her appear emotionally unstable and not credible. Throughout the media blitz that followed Askew's defamation of Collins, Collins had abided by the 2001 agreement requiring that she maintain confidentiality unless subpoenaed or compelled to testify.

Collins claimed that Askew breached the confidentiality and non-disparagement terms of the 2001 agreement and defamed her when she contacted the press. She further claimed that Askew had engaged in a conspiracy to interfere with the terms of her settlement agreement.

The seven-member jury deliberated 5 1/2 hours and returned a verdict in Collins' favor, awarding compensatory damages of $300,000 and punitive damages of $50,000 for the defamation and $106,000 for attorneys fees and costs related to breach of the 2001 agreement's confidentiality and non-disparagement terms. The jury found for Askew on the conspiracy claim.

[10-T-012]

Type of action: Civil jury trial

Injuries alleged: Defamation, breach of contract, conspiracy

Name of case: Brenda Collins v. Verbena Askew

Court: Williamsburg/James City County Circuit Court

Case #: 10259

Tried before: Jury

Name of judge: Walter J. Ford

Verdict or Settlement: Verdict

Amount: $456,000

Date: Jan. 29, 2010

Plaintiff's attorneys: Harris D. Butler III and Rebecca Royals, Richmond