Crittendon v. Combined Communications Corp.

1985 OK 111, 714 P.2d 1026, 12 Media L. Rep. (BNA) 1649, 1985 Okla. LEXIS 174
CourtSupreme Court of Oklahoma
DecidedDecember 24, 1985
Docket53029
StatusPublished
Cited by24 cases

This text of 1985 OK 111 (Crittendon v. Combined Communications Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crittendon v. Combined Communications Corp., 1985 OK 111, 714 P.2d 1026, 12 Media L. Rep. (BNA) 1649, 1985 Okla. LEXIS 174 (Okla. 1985).

Opinions

HODGES, Justice.

This appeal presents two primary questions: (1) Did the trial court err in submitting the issue of statutory privilege to the jury? (2) Were the broadcasts concerning the default hearing and judgment substantially accurate so as to be considered a fair and true report of a judicial proceeding and, therefore, privileged under 12 O.S. 1981 § 1443.1? We answer both questions in the affirmative. Based on our examination of this case, we find the judgment of the trial court should be reversed and the case remanded in conformity herewith.

[1027]*1027The pertinent and undisputed facts are that Deanna Morrell brought a malpractice action against William F. Crittendon, a physician, on September 26, 1977, alleging Dr. Crittendon had performed an unnecessary hysterectomy. Dr. Crittendon failed to timely file an answer or other responsive pleading to Morrell’s petition within the answer period. Morrell then moved for entry of a default judgment and in support submitted proof of a prima facie case through testimony of an expert medical witness and herself during a two-day hearing held on October 31,1977 and November 1, 1977. On November 1, 1977, the trial court entered a judgment against Dr. Crit-tendon and awarded Morrell $106,700 in damages.

On November 1,1977, Combined Communications Corporation, owner and operator of television station KOCO-TV in Oklahoma City, Oklahoma, (KOCO-TV or appellant), was contacted by Morrell regarding the hearing and judgment. Terese Arena, a reporter, and Paula McCarter, a camerawoman for KOCO-TV, were assigned to interview Morrell regarding the hearing and judgment and a videotaped interview was conducted that afternoon. In compiling the story, KOCO-TV made an unsuccessful attempt to obtain a statement from Dr. Crittendon at his office. To complete the news story McCarter filmed the outside of Dr. Crittendon’s office building to show an attempt had been made to interview him. Arena telephoned the Cleveland County Court Clerk’s office and verified that the default judgment had been entered that day against Dr. Crittendon.

The evening of November 1, 1977, KOCO-TV aired the news report on its regularly scheduled 5:30 p.m. newscast and in a slightly shortened version on its 10:00 p.m. newscast. The report began with anchorman Dean Swanson stating:

“A former Norman woman won a malpractice suit by default today after her physician failed to show up for the hearing. She sued for malpractice because she claims the doctor performed an unnecessary hysterectomy on her.”

Arena then stated:

“23 year old Deanna Morrell was admitted to Norman municipal hospital in May, 1976 for observation of appendicitis. Six days later her physician, Dr. William Crittendon, told her that there were lesions on her uterus and that she needed a hysterectomy immediately.”

Deanna Morrell then stated:

“When the suit was filed September 26 of this year and Dr. Crittendon and his attorneys had until October 26 to file a reply to the lawsuit, and it was never filed — there was — no one came from his insurance company and no one that represented him, you know, showed up that were there, any of them.”

Arena concluded with a simultaneous video of Crittendon’s office building:

“She says the pathologist report later showed that her uterus was perfectly healthy. Morrell filed a $216,000 malpractice suit against Dr. Crittendon last September. The court gave him a month to respond, but he never filed an answer.’ When Ms. Morrell and her attorney showed for today’s hearing, neither Dr. Crittendon, his attorney nor his insurance company appeared in Court. The receptionist in Dr. Crittendon’s office told me that the doctor had just left to catch a plane out of town and that he has 30 days to ask that the decision be vacated and a new hearing be called. Deanna Morrell meanwhile says that no money on earth could compensate for what has happened to her. She merely wants to let the public know to prevent this kind of thing from happening again. Terese Arena, Eye Witness News.”

On November 10, 1977, subsequent to the broadcasts in question, the default judgment was vacated by the trial court.

Dr. Crittendon thereafter brought the present defamation action against KOCO-TV seeking both actual and punitive damages. During the trial, Dr. Crittendon joined as a party plaintiff his professional corporation, William F. Crittendon, M.D., [1028]*1028Inc. Plaintiffs will be referred to collectively as Crittendon or appellee. The jury returned a verdict in favor of Crittendon for $555,000 actual damages and $25,000 punitive damages and a judgment was entered thereon.

I.

KOCO-TV argues the broadcasts are absolutely privileged as a matter of law under 12 O.S.1981 § 1443.11 and the federal and state constitutions and, thus, are not actionable as libel.

In Cobb v. Oklahoma Pub. Co., 42 Okla. 314, 140 P. 1079, 1081 (1914), this Court reiterated the general rule in actions for damages for a libelous publication which was previously adopted in Tuohy v. Halsell, 35 Okla. 61, 128 P. 126 (1912), as follows:

“The rule in such cases is that, where there is no dispute as to the circumstances under which a publication is made— that is, where there is no dispute as to what the publication was, what it was about, and who made it — or where the language in the publication is plain and unambiguous, it is a question of law for the court to determine whether or not such publication was privileged.”

In the present case, the circumstances of the publication — that is, the content of the publications, who made it and what it was about — are not in dispute. We conclude the trial court erred in submitting to the jury the question whether or not the statutory privilege obtained. Because the facts are undisputed the trial court should have resolved the issue of privilege as a matter of law.

In Douthitt v. State Nat. Bank of Marlow, 42 Okl. 676, 142 P. 1009 (1914), this Court found it harmless error the submission to the jury a question of law which the trial court should have decided where the substantial rights of the complaining party were not prejudiced. In the instant case, however, we find it was reversible error for the trial judge to submit to the jury the question of law as to whether the broadcasts were privileged. Because, as a matter of law, the broadcasts were privileged pursuant to 12 O.S.1981 § 1443.1, as will be determined below, the trial court in submitting the privilege issue to the jury gave appellee the opportunity for the jury to find otherwise which it ultimately so found. Such error resulted in prejudicing the substantial rights of appellant. 12 O.S.1981 § 78. For this reason, we consider the trial court’s error sufficiently prejudicial so as to warrant reversal.

II.

We reject the trial court’s implicit determination that the broadcasts were not privileged under Section 1443.1. We are mindful of the rule that if there is any evidence reasonably tending to support the verdict, this Court will not reverse the determination of the jury on the basis of insufficient evidence. Otis Elevator Co. v. Melott, 281 P.2d 408 (1955).

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Crittendon v. Combined Communications Corp.
1985 OK 111 (Supreme Court of Oklahoma, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
1985 OK 111, 714 P.2d 1026, 12 Media L. Rep. (BNA) 1649, 1985 Okla. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crittendon-v-combined-communications-corp-okla-1985.