Arnaud v. Dies

208 So. 3d 1017, 16 La.App. 3 Cir. 642, 2016 La. App. LEXIS 2213
CourtLouisiana Court of Appeal
DecidedDecember 7, 2016
Docket16-642
StatusPublished
Cited by4 cases

This text of 208 So. 3d 1017 (Arnaud v. Dies) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arnaud v. Dies, 208 So. 3d 1017, 16 La.App. 3 Cir. 642, 2016 La. App. LEXIS 2213 (La. Ct. App. 2016).

Opinion

PETERS, J.

liThe plaintiffs, Susan Arnaud and Robbie Arnaud, appeal the trial court’s judgment dismissing their suit for defamation against the defendant, Ronald Dies. For the following reasons, we reverse the decision of the trial court and render judgment in favor of Susan Arnaud and Robbie Ar-naud, awarding them $10,000.00 each in damages.

DISCUSSION OF THE RECORD

Susan and Robbie Arnaud are husband and wife and the owners of Robbie’s Wrecker Service, a towing business with a principal office location outside the city limits of Eunice, Louisiana. Ronald Dies was elected Chief of Police for the City of Eunice in the fall of 2010, and took office on January 1, 2011. Prior to Mr. Dies taking office, the Eunice Police Department (Police Department) had maintained a rotation list for situations involving a need for a wrecker service within the city limits, and Robbie’s Wrecker Service was one of the businesses listed on the rotation list. However, after his election, Mr. Dies took steps to have Robbie’s Wrecker Service removed from the rotation list. This action and the events that followed gave rise to this litigation.

In a letter to Robbie’s Wrecker Service dated December 31, 2010, Mr. Dies, in his capacity as Chief of Police-elect, informed the Arnauds that their towing business would be removed from the rotation list effective January 1, 2011, and that only wrecker services with headquarters inside Eunice city limits would be on the Police Department’s wrecker service rotation list. [1020]*1020Mr. Dies suggested no reason for the towing service’s removal other than the fact that the business was not located in the city limits of Eunice. However, on January 3, 2011, when Mr. Dies spoke to Jim Butler, a reporter for The Eunice News, a local newspaper, his reason for removing Robbie’s Wrecker Service from the rotation list had changed.

lain his January 3, 2011 encounter with Mr. Butler, the two men discussed the reasons for the modification of the wrecker service rotation list, and in a January 6, 2011 article printed in The Eunice News, Mr. Butler attributed the following statement to Mr. Dies (emphasis added):

We had numerous complaints about the firm’s selective response to calls when they came up on the rotation. We now have two instead of three in our rotation — John R. Young and Acadiana Wrecker. Of course, a motorist can ask for any service they like, as long as it can be on the scene within 30 minutes.

The reference in the newspaper article to the “numerous complaints” forms the basis of the Arnauds’ claim of defamation.1 After the Arnauds brought their suit to recover damages for defamation, preliminary motions filed by Mr. Dies eliminated any recovery for their claimed special damages.2 The trial of the remaining issues was completed on January 4, 2016, and at the end of the evidentiary phase of trial, the trial court took the matter under advisement. On February 2, 2016, the trial court issued written reasons for judgment wherein it concluded that the Arnauds had proven neither defamation nor damages. On March 1, 2016, the trial court executed a written judgment dismissing all of the Arnauds’ claims against Mr. Dies. The Ar-nauds raise two assignments of error in their timely perfected appeal:

1. The Trial Court erred in concluding that the plaintiffs had not carried their burden of proof in establishing the elements of defamation, including publication of defamatory statements, falsity of such statements, fault on the part of the defendant, and damages.
|s2. The Trial Court erred in dismissing with prejudice the claims made by the plaintiffs against the defendant for defamation.

OPINION

In its reasons for judgment, the trial court initially agreed with the trial judge previously assigned to this matter that the Arnauds’ removal from the rotation list “was in part probably due to some type of political payback!,]” but then concluded that the Arnauds “have not shown any damages for defamation.” Later in its reasons for judgment, the trial court concluded that the words at issue in this litigation did not constitute defamation because “[t]here was not evidence of malice on the part of [Mr. Dies].” That being the case, the trial court also concluded that the Arnauds had “failed to prove their claim for defamation.”

[1021]*1021The supreme court in Costello v. Hardy, 03-1146, pp. 12-15 (La. 1/21/04), 864 So.2d 129, 139-41 (footnotes omitted), discussed the tort of defamation as follows:

Defamation is a tort which involves the invasion of a person’s interest in his or her reputation and good name. Fitzgerald v. Tucker, 98-2313, p. 10 (La. 6/29/99), 737 So.2d 706, 715; Trentecosta v. Beck, 96-2388, p. 10 (La. 10/21/97), 703 So.2d 552, 559; Sassone v. Elder, 626 So.2d 345, 350 (La.1993). “Four elements are necessary to establish a defamation cause of action: (1) a false and defamatory statement concerning another; (2) an unprivileged publication to a third party; (3) fault (negligence or greater) on the part of the publisher; and (4) resulting injury.” Trentecosta, 96-2388 at 10, 703 So.2d at 559 (citing RESTATEMENT (SECOND) OF TORTS § 558 (1977)). The fault requirement is often set forth in the jurisprudence as malice, actual or implied. See, Cangelosi v. Schwegmann Bros. Giant Super Markets, 390 So.2d 196, 198 (La. 1980) (which also considers falsity as a fifth and separate element); 12 William E. Crawford, Louisiana Civil Law Treatise: Tort Law § 17.4 at 312 (2000). Thus, in order to prevail on a defamation claim, a plaintiff must prove “ ‘that the defendant, with actual malice or other fault, published a false statement with defamatory words which caused plaintiff damages.’” Trentecosta, 96-2388 at 10, 703 So.2d at 559 (quoting Sassone, 626 So.2d at 350). If even one of the required elements of the tort is lacking, the cause of action fails. Douglas v. Thomas, 31,470, p. 3 (La.App. 2 Cir. 2/24/99), 728 So.2d 560, 562 writ denied, 99-0835 (La. 5/14/99), 741 So.2d 661; Kosmitis v. Bailey, 28,585, p. 2 (La.App. 2 Cir. 12/20/96), 685 So.2d 1177, 1180.
^Defamatory words are, by definition, words which tend to harm the repútation of another so as to lower the person in the estimation of the community, to deter others from associating or dealing with the person, or otherwise expose a person to contempt or ridicule. Fitzgerald, 98-2313 at 11, 737 So.2d at 716; Trentecosta, 96-2388 at 10, 703 So.2d at 559 (citing RESTATEMENT (SECOND) OF TORTS § 559 cmt. (e) (1977)). Words which convey an element of personal disgrace, dishonesty, or disrepute are defamatory. Fitzgerald, 98-2313 at 11, 737 So.2d at 716. The question of whether a communication is capable of a particular meaning and whether that meaning is defamatory is ultimately a legal question for the court. Sassone, 626 So.2d at 352. The question is answered by determining whether a listener could have reasonably understood the communication, taken in context, to have been intended in a defamatory sense. Id. To be actionable, the words must be communicated or “published” to someone other than the plaintiff. Kosmitis, 25,585 at 3, 685 So.2d at 1180.

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Cite This Page — Counsel Stack

Bluebook (online)
208 So. 3d 1017, 16 La.App. 3 Cir. 642, 2016 La. App. LEXIS 2213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnaud-v-dies-lactapp-2016.