Ashoff v. Gobel

23 Pa. D. & C.4th 300, 1995 Pa. Dist. & Cnty. Dec. LEXIS 208
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedMarch 14, 1995
Docketno. GD 94-6527
StatusPublished

This text of 23 Pa. D. & C.4th 300 (Ashoff v. Gobel) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ashoff v. Gobel, 23 Pa. D. & C.4th 300, 1995 Pa. Dist. & Cnty. Dec. LEXIS 208 (Pa. Super. Ct. 1995).

Opinion

ORIE MELVIN, J.,

The plaintiff, Marilyn Cooper Ashoff, an individual, Lori Galiyas, an individual, and Falco A. Muscante, Esq., an individual, filed an action alleging defamation, invasion of privacy, intentional interference with business relationships, injurious falsehood, civil conspiracy, slan[302]*302der and intentional infliction of emotional distress, for a total of 14 counts against the seven defendants. The defendants, George S. Gobel, Esq., an individual, and d/b/a Gobel and Beisler; Dino DiFelice, an individual; George Levkulich, an individual; Arlene Schinosi, and Angelo Schinosi, her husband, individuals; Donald C. Kerklo and Lavina F. Kerklo, his wife, individuals; William Behare, Esq., an individual; and Richard Tyszkiewicz, an individual; each filed preliminary objections to the portions of the complaint pertaining to them. By order dated August 18, 1994, the preliminary objections of each defendant were sustained, and the complaint as to all defendants was dismissed. The plaintiffs appeal this order to the Superior Court.

The facts here can be briefly summarized. During the 1993 political campaign for the directorships of the South Allegheny School Board, the plaintiffs, Ashoff and Galiyas, incumbent directors at the time along with the current solicitor, allege that the defendants, candidates for directorships, committed various torts by publishing untrue, malicious and damaging statements about the plaintiffs in furtherance of their political campaigns. At issue is whether the plaintiffs have failed to state a cause of action. This court will address each cause of action raised in the 14 count complaint.

In Counts 1, 2 and 3, it is alleged that the defendants defamed Ashoff and Galiyas, Ashoff, and Muscante, respectively, each a separate count. This court found nothing in the plaintiffs’ exhibits capable of defamatory meaning. The alleged defamatory statements dealt with raising taxes, school finances, political contributions to plaintiffs’ 1989 campaign, school affairs and teacher salaries. Each statement merely complains about how the plaintiffs ran the school district.

Pennsylvania follows the definition of defamation incorporated in the Restatement of Torts §559 (1938), which provides:

[303]*303“A communication is defamatory if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” Pierce v. Capital Cities Communication Inc., 576 F.2d 495 (1978).

Whether or not language can reasonably be construed as defamatory is a question of law to be determined by a court. Id.

The Superior Court in Rutt v. Bethlehem’s Globe Publishing Co., 335 Pa. Super. 163, 484 A.2d 72 (1984) stated that “[i]n determining whether the challenged communication is defamatory, the court must decide whether the communication complained of can fairly and reasonably be construed to have the libelous meaning ascribed to it by the complaining party.... In making this determination upon the meaning of the [alleged defamatory communication], it must be construed as a whole, ... and each word must be read in the context of all the other words. ... The test is the effect the article is fairly calculated to produce, the impression it would naturally engender, in the minds of the average persons among whom it is intended to circulate. The words must be [interpreted in the same manner other people are likely to understand them].” Rutt, supra at 172-73, 484 A.2d at 76-77. (citations omitted)

The average person reading the circulars about the school board members would naturally understand the statements to be part of a political campaign. An example of an alleged defamatory statement found in exhibit A states: “it’s time for the taxpayers of South Allegheny to take back our schools from the Galiyas and Ashoffs of this world and restore the district to fiscal responsibility. Until the arrival of the Galiyas/AshofF team, and the incestuous relationship that developed between the teachers’ union and certain school board members and their spouses, this school district was proud of its history and the hard work, dedication and responsible [304]*304leadership of many, many school directors over 25 years of service.”

Plaintiffs contend the above statement conveys that plaintiff Ashoff and plaintiff Galiyas engaged in impermissible and immoral sexual relationships constituting incest which is false and untrue. Such an incredible appraisal of the supposed meaning conveyed by exhibit A is reflective of the entirety of the plaintiff’s complaint. It is obvious that a statement referring to an incestuous relationship in a political context is not to be taken literally. For example, the maxim “politics makes for strange bedfellows” is commonplace and is not interpreted to be sexual in meaning.

To the extent that exhibit A and B can be interpreted as anything other than a dissemination of factual materials, it should also be noted that opinions based on disclosed facts are not actionable. Dougherty v. Boyertown Times, 377 Pa. Super 462, 476-80, 547 A.2d 778, 785-86 (1988). For example, it is stated that plaintiffs “devastated” the school district, and this is an expression of opinion explicitly supported by facts disclosed in exhibit A. Nowhere in exhibits A and B are there any opinions based on undisclosed defamatory facts. All facts on which any opinions are based are clearly and “robustly” set forth. A statement in the form of an opinion is actionable only if it implies the existence of undisclosed defamatory facts as the basis of the opinion. Restatement (Second) of Torts §566 (1977), adopted in Braig v. Field Communications, 310 Pa. Super 569, 456 A.2d 1366 (1983).

Plaintiffs complain that the portion of exhibit A dealing with a campaign contribution to plaintiffs’ 1989 campaign by the Pennsylvania State Education Association conveyed that plaintiffs had received illegal contributions. There is no support for this interpretation. There is nothing suggesting that the contribution was in any way illegal. All that is rhetorically questioned [305]*305is whether there is a conflict of interest when school directors accept money from the teachers’ union. The type of questioning of elected officials is the type regularly accepted and encouraged in American political life. To classify any of the statements made by the defendants as defamatory would create an impermissible restriction of free speech and political debate.

In Counts 4, 5 and 6, the defendants are accused of invasion of privacy (specifically, false light) of the individual plaintiffs, each a separate count. In Neish v. Beaver Newspapers Inc., 398 Pa. Super. 588, 598, 581 A.2d 619, 624-25 (1990) the court held in dismissing a “false light” claim that a borough solicitor’s stature in the community as a public figure resulted in a relinquishment of insulation from scrutiny of his public affairs. The Neish court, citing Larsen v.

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Related

Menefee v. Columbia Broadcasting System, Inc.
329 A.2d 216 (Supreme Court of Pennsylvania, 1974)
Rutt v. Bethlehems' Globe Publishing Co.
484 A.2d 72 (Supreme Court of Pennsylvania, 1984)
Larsen v. Philadelphia Newspapers, Inc.
543 A.2d 1181 (Superior Court of Pennsylvania, 1988)
Braig v. Field Communications
456 A.2d 1366 (Superior Court of Pennsylvania, 1983)
Dougherty v. Boyertown Times
547 A.2d 778 (Supreme Court of Pennsylvania, 1988)
Kazatsky v. King David Memorial Park, Inc.
527 A.2d 988 (Supreme Court of Pennsylvania, 1987)
Gordon v. Lancaster Osteopathic Hospital Ass'n
489 A.2d 1364 (Supreme Court of Pennsylvania, 1985)
Neish v. Beaver Newspapers, Inc.
581 A.2d 619 (Supreme Court of Pennsylvania, 1990)
Petula v. Mellody
588 A.2d 103 (Commonwealth Court of Pennsylvania, 1991)
Pelagatti v. Cohen
536 A.2d 1337 (Supreme Court of Pennsylvania, 1987)

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Bluebook (online)
23 Pa. D. & C.4th 300, 1995 Pa. Dist. & Cnty. Dec. LEXIS 208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashoff-v-gobel-pactcomplallegh-1995.