 |
studentJD |
|
|
Students Helping Students |
Currently Briefing & Updating |
© 2010 No content replication for monetary use of any kind is allowed without express written permission
|
Lega Siciliana Social Club v. St. Germaine, 825 A.2d 827 |
Connecticut Court of Appeals |
2003 |
|
Chapter |
17 |
Title |
Defamation |
|
Page |
703 |
Topic |
Defamation Defined |
|
Quick Notes |
Defamation tends to injure reputation, diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite adverse, derogatory, or unpleasant feelings or opinions against him. |
||
|
Book Name |
Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978-1-4224-7220-0. |
||
|
Issue |
o Whether in granting the motion for summary judgment, the court properly concluded that the publication by the defendant of the subject letter did not constitute libel per se? Yes, it did constitute as libel per se. |
|
Procedure |
|
|
Trial |
o Granted motion for summary judgment on the ground that the allegedly defamatory statement did NOT constitute libel per se. |
|
Appellant |
o Reversed and case remanded for further proceeding in accordance with law. |
|
Facts |
Reason |
Rules |
|
o Pl - Lega Siciliana Social Club o Df - St. Germaine What happened? o This case is a review of motion of summary judgment. Social Club o There was a social club close to a residential neighborhood whose membership only extended to Sicilians or natural born Americans of Sicilian ancestry. o They received a liquor license 5 year after the opening of the club. Pissed Off Neighbor o The granting of the liquor license led to increased traffic and noise, which adversely affected the residents by destroying the privacy, seclusion and quiet character of their residential community. Letter to the President of the Board of Aldermen o Detailed his dissatisfaction with the increased traffic and noise that he believed stemmed from club activities and the granting of the liquor license. o Elderly members with political connections in both state and local. o Mafia connections to rubber stamp whatever they want. o Fear of having someone setting our house on fire.. Trial Court o Granted motion for summary judgment on the ground that the allegedly defamatory statement did NOT constitute libel per se. |
Trial Courts Reasoning o The court further concluded that because the statements were not libelous per se, to prevail, the plaintiff had to show "cognizable damage or harm" to its reputation to survive a motion for summary judgment. o Court concluded that the plaintiff had shown no "cognizable damage or harm" as a consequence of the defendant's allegedly libelous statements.
Defamation o Is comprised of the torts of libel and slander. o Tends to injure reputation, diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite adverse, derogatory, or unpleasant feelings or opinions against him.
Slander o Slander is oral defamation.
Libel (which we are concerned with in the present case) o Libel is written defamation
Libel per quod o A libel per quod is not libelous on the face of the communication, but becomes libelous in light of extrinsic facts known by the recipient of the communication. o When a plaintiff brings an action in libel per quod, he must plead and prove actual damages in order to recover
Libel per se o Libel per se is a libel on the face of the statement and is actionable without proof of actual damages.
Distinction between Libel per se and Libel per quod o A Pl may recover general damages where the defamation in question constitutes libel per se.
Actionable per se o When the defamatory words are actionable per se, the law conclusively presumes the existence of injury to the plaintiff's reputation.
Burden of Proof o He is required neither to plead nor to prove it.
Recovery o The individual plaintiff is entitled to recover, as general damages, for the injury to his (1) reputation and for the humiliation and (2) mental suffering which the libel caused him. o Whether a publication is libelous per se is a question for the court.
In This Case o Pl has not show actual economic damages. o Pl must prove that the Df - statements constitute libel per se.
Two of the general classes of libel (generally recognized, are actionable per se) 1. Libels charging crimes and 2. Libels which injure a man in his profession and calling. . . . o To fall within the category of libels that are actionable per se because they charge crime, the libel must be one which charges a crime which involves moral turpitude or to which an infamous penalty is attached."
Moral Turpitude o Moral turpitude involves an act of inherent baseness, vileness or depravity in the private and social duties which man does to his fellow man or to society in general, contrary to the accepted rule of right and duty between man and law. o Ex: Hitting lady over the head with a purse.
Plaintiff Alleges Reputation o Reputation in the community has been damaged as a consequence of defamatory statements contained in the subject letter. o The plaintiff's claim is based largely on the defendant's assertion in the letter that the club has "political connections in both state and local, to Mafia connections to rubber stamp whatever [it] want[s].
Plaintiff Claims Mafia o The Mafia generally is known to be involved in criminal activities such as bribery, illegal gambling, manufacturing of narcotics and other acts. o Those are crimes, many of which involve moral turpitude and are punishable by imprisonment.
Plaintiff Claim Letter when beyond suggesting o It stated that the plaintiff uses its Mafia connections to "rubber stamp whatever [it] want[s]. o Club utilizes illegal tactics to get whatever its wants.
Appellant Court o We agree with the plaintiff that the allegedly defamatory statement is of the type that will "diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite adverse, derogatory, or unpleasant feelings or opinions against [it]. o The statement linking the plaintiff to the Mafia was libelous per se and, consequently, that the plaintiff was required neither to plead nor to prove actual damages.
Holding o Reversed Summary Judgment and the case is remanded |
|
|
Class Notes |
|
The Pl wrote letter to a board changing the club as a Sicilian Mafia with connections to organized crime. Appellant Court o We agree with the plaintiff that the allegedly defamatory statement is of the type that will "diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite adverse, derogatory, or unpleasant feelings or opinions against [it]. o The statement linking the plaintiff to the Mafia was libelous per se and, consequently, that the plaintiff was required neither to plead nor to prove actual damages.
Defamation o Is comprised of the torts of libel and slander. o Tends to injure reputation, diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite adverse, derogatory, or unpleasant feelings or opinions against him.
Libel per quod o A libel per quod is not libelous on the face of the communication, but becomes libelous in light of extrinsic facts known by the recipient of the communication. o When a plaintiff brings an action in libel per quod, he must plead and prove actual damages in order to recover. o A reasonable jury could infer that he was referring to something degatory when makes reference to the mafia.
Libel per se o Libel per se is a libel on the face of the statement and is actionable without proof of actual damages.
Majority Rule o Does not distinguish between libel per quod and libel per se. o Here the court is applying the minority.
Minority Rule Does distinguish between libel per quod and libel per se.
Two of the general classes of libel (generally recognized, are actionable per se) 1. Libels charging crimes and 2. Libels which injure a man in his profession and calling. . . . o To fall within the category of libels that are actionable per se because they charge crime, the libel must be one which charges a crime which involves moral turpitude or to which an infamous penalty is attached."
Moral Turpitude o Moral turpitude involves an act of inherent baseness, vileness or depravity in the private and social duties which man does to his fellow man or to society in general, contrary to the accepted rule of right and duty between man and law. o Ex: Hitting lady over the head with a purse.
|