Dugan v. Mittal Steel USA, Inc.

911 N.E.2d 692, 2009 Ind. App. LEXIS 1226, 2009 WL 2579360
CourtIndiana Court of Appeals
DecidedAugust 21, 2009
Docket45A05-0902-CV-69
StatusPublished
Cited by1 cases

This text of 911 N.E.2d 692 (Dugan v. Mittal Steel USA, Inc.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dugan v. Mittal Steel USA, Inc., 911 N.E.2d 692, 2009 Ind. App. LEXIS 1226, 2009 WL 2579360 (Ind. Ct. App. 2009).

Opinion

OPINION

CRONE, Judge.

Christine Dugan appeals the trial court's grant of summary judgment in favor of Mittal Steel USA, Inc. ("Mittal"), and Mit-tal employee Jay Komorowski (collectively, "Appellees") on her defamation claim. We affirm in part, reverse in part, and remand for further proceedings.

The facts most favorable to Dugan as the party opposing summary judgment indicate that in 2004, Mittal hired North America Security Solutions, Inc. ("NASS"), to investigate an alleged theft ring in its fabrication and reclamation department, in which Dugan worked. NASS conducted interviews with several Mittal employees, including Dugan. In February 2005, Mit-tal fired Dugan. Dugan filed a union grievance, and in April 2006 an arbitrator determined that Mittal did not "marshal enough evidence to prove that [Dugan] engaged in illegal conduct or otherwise defrauded [Mittal]." Appellant's App. at 16. Mittal reinstated Dugan in May 2006.

In June 2006, Dugan filed a complaint against Mittal, Komorowski, and NASS, alleging defamation per se and intentional infliction of emotional distress. NASS filed a summary judgment motion, which the trial court granted in June 2008. In July 2008, Mittal and Komorowski filed a summary judgment motion, to which Du-gan filed a response. On December 4, 2008, the trial court entered an order granting the motion that reads in pertinent part as follows:

After reviewing the facts in the light most favorable to the non-moving party, the Court hereby finds that the stipulated statements at issue do not constitute defamation per se as a matter of law. The Court also finds that, even if there was a genuine issue of material fact relative to whether she sufficiently stated a claim for defamation per sg, the evidence demonstrates that all of the statements at issue are protected by qualified privilege, and there is no evidence to support an abuse of the privilege. As a matter of law, the statements at issue are not sufficiently extreme or outrageous so as to state a claim for intentional infliction of emotional distress and there is no evidence that [Dugan] has suffered emotional distress sufficient to state a claim under this theory as a result of the statements at issue.

Id. at 16-17. Dugan appeals only as to her defamation claim.

Our standard of review is the same as that used in the trial court:

[STummary judgment is appropriate only where the evidence shows there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. All facts and reasonable inferences drawn from those facts are construed in favor of the non-moving party. Review of a summary judgment motion is limited to those materials designated to the trial court.
The purpose of summary judgment is to terminate litigation about which there can be no factual dispute and which may be determined as a matter *695 of law. Once the moving party has sustained its initial burden of proving the absence of a genuine issue of material fact and the appropriateness of judgment as a matter of law, the party opposing summary judgment must respond by designating specific facts establishing a genuine issue for trial. A factual issue is material for the ‘pur— poses of Trial Rule 56(C) if it bears on the ultimate resolution of a relevant issue. A factual issue is genuine if it is not capable of being conclusively foreclosed by reference to undisputed facts. As a result, despite conflicting facts and inferences on some elements of a claim, summary judgment may be proper where there is no dispute or conflict regarding a fact that is dispositive of the claim.
When the defendant is the moving party, the defendant must show that the undisputed facts negate at least one element of the plaintiff's ecause of action or that the defendant has a factually unchallenged affirmative defense that bars the plaintiff's claim.

Bd. of Sch. Comm'rs of City of Indpls. v. Pettigrew, 851 N.E.2d 326, 330 (Ind.Ct.App.2006) (citations and quotation marks omitted), trans. denied.

The party appealing from a grant of summary judgment has the burden of persuading us that the trial court's decision was erroneous. Hamilton v. Prewett, 860 N.E.2d 1234, 1240 (Ind.Ct.App.2007), trans. demied. "Special findings are not required in summary judgment proceedings and are not binding on appeal. However, such findings offer this court valuable insight into the trial court's rationale for its judgment and facilitate appellate review." Afolabi v. Atlantic Mortg. & Inv. Corp., 849 N.E.2d 1170, 1173 (Ind.Ct.App.2006) (citation omitted). "We may affirm a grant of summary judgment upon any theory supported by the designated evidence." Hamilton, 860 N.E.2d at 1240.

Initially, we observe that "[the law of defamation was created to protect individuals from reputational attacks." Id. at 1248. "A defamatory communication is one that tends to harm a person's reputation by lowering the person in the community's estimation or deterring third persons from dealing or associating with the person." Kelley v. Tanoos, 865 N.E.2d 593, 596 (Ind.2007) (citation, quotation marks, and brackets omitted). To prevail on a defamation claim, a plaintiff must prove four elements: "(1) a communication with defamatory imputation, (2) malice, (8) publication, and (4) damages." Hamilton, 860 N.E.2d at 1243. "Any statement actionable for defamation must not only be defamatory in nature, but [also] false." Trail v. Boys & Girls Clubs of Nw. Ind., 845 N.E.2d 130, 136 (Ind.2006).

With respect to defamatory imputation, we have stated that

some communications are reasonably susceptible to either a defamatory or a nondefamatory interpretation. Words not actionable in themselves may become actionable by their allusion to some extrinsic fact, or by being used and understood in a different sense from their natural meaning. Such words are deemed actionable per quod, and they acquire a defamatory meaning when placed in context or are connected with extrinsic facts or cireumstances. If the defamatory nature of the words appears without resort to extrinsic facts or circumstances, then the words are deemed actionable per se.

McQueen v. Fayette County Sch. Corp., 711 N.E.2d 62, 65 (Ind.Ct.App.1999) (citations omitted), trans. denied. "Communications are considered defamatory per se when they impute 1) criminal conduct; 2) a *696 loathsome disease; 3) misconduct in a person's trade, profession, office, or occupation; or 4) [] sexual misconduct to the plaintiff." Trail, 845 N.E.2d at 187 (citation and quotation marks omitted).

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Dugan v. Mittal Steel USA Inc.
929 N.E.2d 184 (Indiana Supreme Court, 2010)

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911 N.E.2d 692, 2009 Ind. App. LEXIS 1226, 2009 WL 2579360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dugan-v-mittal-steel-usa-inc-indctapp-2009.