Bleich v. Ortiz

493 A.2d 236, 196 Conn. 498, 1985 Conn. LEXIS 785
CourtSupreme Court of Connecticut
DecidedJune 18, 1985
Docket11714
StatusPublished
Cited by90 cases

This text of 493 A.2d 236 (Bleich v. Ortiz) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bleich v. Ortiz, 493 A.2d 236, 196 Conn. 498, 1985 Conn. LEXIS 785 (Colo. 1985).

Opinion

Peters, C. J.

The issue in this appeal is the propriety of directing a verdict in a libel action when a defense of conditional privilege is raised. The plaintiff, Berne B. Bleich, brought suit against Florence Crosby Ortiz for libel.1 The trial court granted the defendant’s motion for a directed verdict and the plaintiff appealed. We find error.

Many of the facts underlying the appeal are undisputed. The plaintiff Bleich is an antique dealer. In 1978, he consigned an antique amber and ivory cabinet to Christie, Manson & Woods, Ltd., of London (Christie’s) for sale at auction. The cabinet was sold by Christie’s for $23,340. The defendant Ortiz also deals in antiques. After learning of the sale, she had her attorney send two letters to Christie’s in which she claimed [500]*500ownership of the cabinet and asked Christie’s to withhold the proceeds of the sale from the plaintiff.2 The plaintiff, contending that he had been defamed by the letters, filed this lawsuit in December, 1979. In December, 1980, the defendant filed a separate action, Ortiz v. Bleich, claiming ownership of the cabinet and seeking damages for its conversion by the plaintiff.

The two suits were tried together to a jury. After the plaintiff had presented his case, relying heavily on his own testimony, the defendant moved for a directed verdict on the libel claim. She conceded for the purposes of the motion that the letters were defamatory, but contended that she had a conditional privilege to publish them and that the plaintiff had adduced no evidence that the privilege had been abused.3 The trial court agreed and granted the motion. The court denied the plaintiff’s motion to set aside the directed verdict. The jury subsequently decided the ownership suit in favor of the plaintiff and that decision was not appealed.4

The plaintiff raises two issues on appeal. His primary contention is that the trial court erred in directing a verdict for the defendant on the libel claim. The plaintiff further argues that this court should direct judgment in his favor on that claim, leaving the amount of damages as the sole issue to be decided upon remand.

The rules controlling appellate review of a directed verdict are well settled. “Directed verdicts are not generally favored. A trial court’s decision to direct a ver[501]*501diet can be upheld only when the jury could not reasonably and legally have reached any other conclusion. Pinto v. Spigner, 163 Conn. 191, 192-93, 302 A.2d 266 (1972); Console v. Nickou, 156 Conn. 268, 270, 240 A.2d 895 (1968); Santor v. Balnis, 151 Conn. 434, 435, 199 A.2d 2 (1964). In reviewing the trial court’s decision directing a verdict [for the defendant] and denying a subsequent motion to set it aside, this court considers all the evidence, including reasonable inferences, in the light most favorable to the plaintiff. Pinto v. Spigner, supra; Leary v. Johnson, 159 Conn. 101, 104, 267 A.2d 658 (1970).” Sestito v. Groton, 178 Conn. 520, 522, 423 A.2d 165 (1979); see Puro v. Henry, 188 Conn. 301, 303, 449 A.2d 176 (1982).

The tests that govern a libel defense of conditional privilege are also clear. For the defense of conditional privilege to attach, a defendant must assert an objective interest sufficiently compelling to warrant protection of an otherwise defamatory communication. The privilege is defeated despite assertion of such an interest, however, if the defendant acts with an improper motive or if the scope or manner of publication exceeds what is reasonably necessary to further the interest. Charles Parker Co. v. Silver City Crystal Co., 142 Conn. 605, 615-16, 116 A.2d 440 (1955); Terry v. Hubbell, 22 Conn. Sup. 248, 256, 167 A.2d 919 (1960); Wright & FitzGerald, Connecticut Law of Torts (2d Ed. 1968) §§ 157 and 158; see generally 3 Restatement (Second), Torts §§ 593 through 605A (1977). Whether a defamatory communication implicates an interest worthy of protection is a question of law for the trial court to determine, but whether the privilege is nevertheless defeated through its abuse is a question of fact to be decided by the jury. Hassett v. Carroll, 85 Conn. 23, 36, 81 A. 1013 (1911); Atwater v. Morning News Co., 67 Conn. 504, 513, 34 A. 865 (1896); Wright & FitzGerald, supra, § 155; 3 Restatement (Second), Torts § 619.

[502]*502Considering the evidence in the light most favorable to the plaintiff, the jury could reasonably have found the following facts. The plaintiff and the defendant met in March, 1970. The plaintiff bought antiques from the defendant for resale and developed a good business and personal relationship with her. In the fall of 1970, the plaintiff purchased a damaged figurine from the defendant and repaired it. The defendant was impressed with the repair and showed the plaintiff the amber and ivory cabinet, which the defendant had dropped and badly damaged some time previously. Explaining that she had unpleasant memories of the accident, the defendant gave the cabinet to the plaintiff as a gift. The plaintiff effected partial repairs and tried to return it to the defendant, but'the defendant insisted that the cabinet belonged to the plaintiff. Several years later the defendant offered to buy the cabinet back, but she never asked for its return. The plaintiff openly displayed the cabinet in his home until he consigned it to Christie’s for sale.

The first letter sent by the defendant’s attorney to Christie’s stated that the cabinet “had recently become damaged, and Mr. Bleich, knowing the piece, offered to make arrangements to have the damage repaired. The piece was given over to Mr. Bleich for purposes of the repair approximately six months ago. Soon after Mr. Bleich left for Europe and was unable to be contacted. Mrs. Ortiz, when receiving your December 11th catalog of sold pieces, was understandably extremely upset to see her piece pictured as being sold. Mrs. Ortiz was, and may still be the owner of that piece, and Mr. Bleich, whom we understand consigned this piece to you for sale, had no title to convey.” Christie’s was asked to “withhold payment of any monies from the sale of this piece to Mr. Bleich” until the dispute could be resolved.

[503]*503The second letter recounted the plaintiffs assertion that he had been given the cabinet as a gift and stated: “This is patently ridiculous, and it appears we will have difficulty at this end. Therefore we are filing suit alleging this illegal conversion of the property to his own benefit and will request the appropriate Court to order payment for the article to Mrs. Ortiz. In the meantime, therefore, it is extremely urgent that you do not release the money from the sale of this article to Mr.

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Bluebook (online)
493 A.2d 236, 196 Conn. 498, 1985 Conn. LEXIS 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bleich-v-ortiz-conn-1985.