American Intional Hospital v. Chicago Tribune Co.

483 N.E.2d 965, 136 Ill. App. 3d 1019, 91 Ill. Dec. 479, 12 Media L. Rep. (BNA) 1268, 1985 Ill. App. LEXIS 2486
CourtAppellate Court of Illinois
DecidedSeptember 17, 1985
DocketNo. 84-2492
StatusPublished
Cited by38 cases

This text of 483 N.E.2d 965 (American Intional Hospital v. Chicago Tribune Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Intional Hospital v. Chicago Tribune Co., 483 N.E.2d 965, 136 Ill. App. 3d 1019, 91 Ill. Dec. 479, 12 Media L. Rep. (BNA) 1268, 1985 Ill. App. LEXIS 2486 (Ill. Ct. App. 1985).

Opinion

JUSTICE HARTMAN

delivered the opinion of the court:

Plaintiff appeals from the circuit court’s dismissal on remand of an amended complaint sounding in libel, raising as issues whether: (1) the defense of truth is applicable; (2) the alleged defamations are actionable in light of the innocent construction rule; and (3) the amended complaint alleges a cause of action for libel per quod.

On September 19, 1980, the following article written by defendant William Gaines was published by defendant Chicago Tribune Company (Tribune):

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On the same day, September 19, 1980, plaintiff initiated a defamation action in the circuit court, naming Gaines, the Tribune, and the Joint Commission on Accreditation of Hospitals (JCAH) as defendants. The circuit court dismissed plaintiffs amended complaint, and plaintiff appealed to this court. In American International Hospital v. Chicago Tribune Co. (1983), 120 Ill. App. 3d 435, 458 N.E.2d 1305, we reversed the dismissal order and remanded the cause for the circuit court to consider the amended complaint in light of the innocent-construction rule as restated in Chapski v. Copley Press (1982), 92 Ill. 2d 344, 442 N.E.2d 195.

Upon remand, Gaines and the Tribune, as well as the JCAH, filed renewed motions to dismiss the complaint. On September 18, 1984, the circuit court entered an order which concluded, as a matter of law, that the language complained of was protected by the defense of truth and was also nonactionable under the prevailing innocent construction rule. The court accordingly dismissed the amended complaint with prejudice from which plaintiff appeals.

I

Plaintiff contends that the circuit court erroneously dismissed the amended complaint on the ground that the allegedly defamatory language was truthful and therefore nonactionable as a matter of law.

A motion to dismiss admits all well-pleaded facts and reasonable inferences that can be drawn therefrom. (Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 426, 430 N.E.2d 976; Davis v. Keystone Printing Service, Inc. (1982), 111 Ill. App. 3d 427, 433, 444 N.E.2d 253.) Conclusions of law or fact unsupported by specific factual allegations, however, are not admitted by such a motion. (Knox College v. Celotex Corp. (1981), 88 Ill. 2d 407, 430 N.E.2d 976.) In a defamation action, a complaint must clearly identify the specific defamatory material complained of. (Heying v. Simonaitis (1984), 126 Ill. App. 3d 157, 163, 466 N.E.2d 1137; Altman v. Amoco Oil Co. (1980), 85 Ill. App. 3d 104, 108, 406 N.E.2d 142.) Truth is a defense to a defamation action. (Emery v. Kimball Hill, Inc. (1983), 112 Ill. App. 3d 109, 112, 445 N.E.2d 59; Altman v. Amoco Oil Co. (1980), 85 Ill. App. 3d 104, 107, 406 N.E.2d 142.) To establish such a defense defendant need only demonstrate the truth of the “gist” or “sting” of the defamatory material. (Kilbane v. Sabonjian (1976), 38 Ill. App. 3d 172, 175, 347 N.E.2d 757; Sivulich v. Howard Publications, Inc. (1984), 126 Ill. App. 3d 129, 131, 466 N.E.2d 1218.) Thus, only “substantial truth” is required for this defense (Farnsworth v. Tribune Co. (1969), 43 Ill. 2d 286, 293-94, 253 N.E.2d 408), which may be raised by a motion to dismiss (Kilbane v. Sabonjian (1976), 38 Ill. App. 3d 172, 347 N.E.2d 757). The dismissal of a complaint for failure to state a cause of action, including one for defamation, rests with the discretion of the trial court. Antonelli v. Field Enterprises, Inc. (1983), 115 Ill. App. 3d 432, 436, 450 N.E.2d 976; Renard v. Columbia Broadcasting System, Inc. (1984), 126 Ill. App. 3d 563, 567, 467 N.E.2d 1090.

Here, the circuit court correctly found that the defense of truth applied to the alleged defamatory material complained of in count I, which alleged that “[t]he headline ‘Zion Hospital Refused Accreditation by Panel’ and the statement that plaintiff ‘has been refused accreditation by the JOINT COMMISSION ON ACCREDITATION OF HOSPITALS;’ were, and are, wholly false and have injured plaintiff in its business reputation.” Plaintiff argues that this allegation should be taken as true for purposes of the motion to dismiss.

Plaintiff, however, also alleged in count I that JCAH had “decided not to accredit” plaintiff and “to revoke the accreditation,” characterizing the JCAH’s action as a “preliminary adverse decision.” Moreover, a copy of JCAH’s letter to plaintiff, informing it of JCAH’s decision “not to accredit” it, was attached as an exhibit to the complaint. Such exhibits are considered integral parts of the complaint, and any facts stated therein are considered the same as those alleged in the complaint itself. (Davis v. Keystone Printing Service, Inc. (1982), 111 Ill. App. 3d 427, 444 N.E.2d 253. See also Ill. Rev. Stat. 1983, ch. 110, par. 2—606.) Plaintiff’s allegation that the challenged language was “false,” a conclusion not based on any factual allegations — and, in fact, internally contradicted by the previously quoted allegations and exhibit — therefore cannot be taken as true.

Plaintiff’s own characterization of JCAH’s action as a decision to “revoke” plaintiff’s accreditation or “not to accredit” plaintiff is not substantially different from the Tribune’s statement that plaintiff was “refused accreditation.” The transitive verb “refuse” is defined as “to decline to accept.” (Webster’s Third International Dictionary 1910 (1966).) The JCAH’s action here can be fairly described as a decision to decline acceptance of plaintiff’s continued accreditation. The alleged defamatory statements cited in count I thus are substantially true.

Plaintiff asserts that its accreditation was never actually lost, in that it appealed the nonaccreditation decision, during which time the prior accreditation remained in effect, and that the JCAH subsequently accredited plaintiff for a one-year period. We must reject this argument. Plaintiff conceded in its complaint that a nonaccreditation decision, fairly described by the Tribune as a “refusal” of accreditation, had, in fact, been rendered. The subject newspaper article, moreover, indicated that the decision was appealable and that plaintiff intended to appeal it.

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483 N.E.2d 965, 136 Ill. App. 3d 1019, 91 Ill. Dec. 479, 12 Media L. Rep. (BNA) 1268, 1985 Ill. App. LEXIS 2486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-intional-hospital-v-chicago-tribune-co-illappct-1985.