Bell v. Rogers

698 So. 2d 749, 1997 WL 472284
CourtLouisiana Court of Appeal
DecidedAugust 20, 1997
Docket29757-CA
StatusPublished
Cited by32 cases

This text of 698 So. 2d 749 (Bell v. Rogers) 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
Bell v. Rogers, 698 So. 2d 749, 1997 WL 472284 (La. Ct. App. 1997).

Opinion

698 So.2d 749 (1997)

Sandra K. BELL, Plaintiff-Appellant,
v.
Cindy ROGERS, Delores Wood, and St. Francis Medical Center, Defendants-Appellees.

No. 29757-CA.

Court of Appeal of Louisiana, Second Circuit.

August 20, 1997.

*752 Theus, Grisham, Davis & Leigh by Paul D. Spillers, Monroe, for Plaintiff-Appellant.

Kullman, Inman, Bee, Downing & Banta by Thomas P. Hubert, Cornelius R. Heusel, Richard A. Hammond, New Orleans, Shafto & Ashbrook by Stephen L. Harrison, Monroe, for Defendants-Appellees.

Before MARVIN, C.J., and STEWART and PEATROSS, JJ.

STEWART, Judge.

Sandra Bell appeals the judgment of the trial court granting defendants' motion for summary judgment on Bell's claim for defamation and granting St. Francis Medical Center's motion for summary judgment on the hospital's claim for reimbursement in the amount of $11,167.18 for overpayment to Bell during 1993 and 1994. For the following reasons, we affirm the judgment of the trial court.

FACTS

Sandra Bell, a long-time registered nurse employed by St. Francis Medical Center in Monroe, Louisiana, worked in the neonatal intensive care unit providing care to critically ill infants and in the home health department providing "transport services" among hospitals for critically ill patients. Bell worked irregular hours, weekends, and holidays. Her income varied due to overtime, holiday, and incentive pay for medical transport services. Bell's earnings were directly deposited into her checking account.

In May, 1994, the hospital administration determined that Bell had been overpaid due to an error by the payroll department. On May 10, 1994, Bell met with Cindy Rogers, administrator of the Home Health Department and coordinator of the investigation of the overpayment to Bell, Bill Hightower, director of Human Resources, Delores Wood, director of NICU, and Wanda Chambless, director of Home Health Department. At that meeting, Rogers discussed with Bell a written report which cited Bell with "misappropriate use of property" belonging to St. Francis Medical Center and detailed the pay periods wherein Bell was overpaid. Bell admitted in writing that she knew the transport checks were larger than normal but that she was unable to compute check amounts without the check stubs. Apparently, the hospital concluded that Bell had misappropriated hospital funds because she failed to notice the mistakes and return the overpayment to the hospital. As a result of that meeting, Bell was suspended for two days and was requested to make arrangements to repay the hospital within two weeks.

Bell filed a lawsuit against St. Francis Medical Center, Rogers, and Wood claiming that defendants had defamed Bell. In her petition, Bell alleged that the written report prepared by the hospital contained "libelous, slanderous and defamatory statements which were clearly untrue." Bell also alleged that Rogers and Wood communicated by discussions and/or written documents "the accusations of misappropriation." Further, Bell alleged that Rogers and Wood communicated the information to Chambless and "may well have communicated" the information contained *753 in the report to hospital personnel or third parties.

St. Francis Medical Center then filed a reconventional demand seeking a return of the alleged overpayment in the amount of $11,167.18, paid over a period of months in 1993 and 1994. The hospital admits that a data entry clerk in the payroll department made the error and does not allege that the overpayment was attributable to any action by Bell. Bell denies that she was overpaid.

Defendants filed a motion for summary judgment on Bell's claim for defamation and attached a copy of the written report, affidavits by Becky Wylie, custodian of payroll records, and Debra Lemoine, an employee of the hospital, portions of depositions of Rogers, Wood, Chambless and Bell, and copies of payroll checks paid to Bell and other payroll records. St. Francis Medical Center filed a motion for summary judgment on their claim for a refund of the amount overpaid to Bell. Bell filed opposition to both motions and attached her own affidavit.

Both motions were heard on December 3, 1996. At that hearing, the trial court stated that recent amendments to La. C.C.P. art. 966 authorized the court to look to the merits of the case, weigh evidence, determine credibility, and otherwise "try the case" without trial on the merits. In granting the motions for summary judgment, the trial court did not render written reasons for judgment nor were the trial court's oral reasons for judgment recorded for transcription.

Bell appeals and assigns two errors.

SUMMARY JUDGMENT

Schroeder v. Board of Supervisors, 591 So.2d 342 (La.1991), directs that an appellate court conduct a de novo review of the documents supporting and opposing a motion for summary judgment under the same criteria which governs the trial court's consideration of whether summary judgment is appropriate pursuant to La. C.C.P. art. 966.

DEFAMATION

A defamation plaintiff bears an extremely heavy burden to withstand a motion for summary judgment. Sassone v. Elder, 626 So.2d 345 (La.1993); Wright v. Dollar General Corp., 602 So.2d 772 (La.App. 2d Cir.1992), writ denied; Zellinger v. Amalgamated Clothing, 28,127 (La.App.2d Cir. 4/3/96), 683 So.2d 726. Notwithstanding the general preference for trial on the merits when issues of material fact are asserted in other type cases, defamation claims are inordinately susceptible to summary adjudication due to the constitutional considerations involved in defamation actions, regardless of whether the defendant is or is not a member of the news media. Kosmitis v. Bailey, 28,585 (La.App.2d Cir. 12/20/96), 685 So.2d 1177.

In addition to screening a case for the mere presence or absence of genuine issues of material fact, summary judgment motions on defamation claims also test the evidentiary strength of the plaintiff's case to determine whether the plaintiff will likely be able to prove his or her factual assertions with convincing clarity at trial. Wright, 602 So.2d at 774; Sassone, 626 So.2d at 351-52. Absent such evidence, no genuine issue of material fact exists. Therefore, summary judgment should be granted. Sassone, 626 So.2d at 351; Zellinger, 28,127 at p. 2, 682 So.2d at 730.

The five essential elements of defamation are (1) defamatory words; (2) publication to a person other than the one defamed; (3) falsity; (4) malice; and (5) resulting injury. Brannan v. Wyeth Laboratories, Inc., 526 So.2d 1101, 1105 (La. 1988); Kosmitis v. Bailey, 28,585 at p. 2, 685 So.2d at 1179. The cause of action fails if even one of these elements is lacking. Roberts v. Louisiana Bank & Trust Co., 550 So.2d 809 (La.App. 2d Cir.1989), writ denied. See also Sassone, 626 So.2d at 352; Taylor v. Town of Arcadia, 519 So.2d 303, 306 (La.App. 2d Cir.1988), writ denied.

When defendant's motion for summary judgment is supported by documents facially adequate to refute the essential elements of a particular defamation claim, plaintiff must then affirmatively produce evidence of sufficient quality and quantity to demonstrate that she likely will be able to bear her burden of proof at trial. Otherwise, the *754 claim will not survive summary judgment. Sassone v. Elder, 626 So.2d at 351.

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Cite This Page — Counsel Stack

Bluebook (online)
698 So. 2d 749, 1997 WL 472284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-rogers-lactapp-1997.