Dunn v. Cook

30 Pa. D. & C.3d 626, 1982 Pa. Dist. & Cnty. Dec. LEXIS 95
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMarch 8, 1982
Docketno. 4946 June term, 1979
StatusPublished

This text of 30 Pa. D. & C.3d 626 (Dunn v. Cook) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dunn v. Cook, 30 Pa. D. & C.3d 626, 1982 Pa. Dist. & Cnty. Dec. LEXIS 95 (Pa. Super. Ct. 1982).

Opinion

KREMER, J.,

We have before us for consideration defendant’s motion for summary judgment in a libel action.

The facts are not in dispute. Plaintiff was the director of the Property Management/Rent Collection division of the Redevelopment Authority of the City of Philadelphia (RDA). Defendant was the president of Nicoles, Inc., which owned and operated La Terrasse, a restaurant in West Philadelphia. La Terrasse leased and occupied only the first floor of a building owned by the RDA.

On February 23, 1979, plaintiff sent a letter to the defendant Cook enclosing an L. & I. notice of alleged fire code violations on the third floor of the building and demanded that defendant correct them under the terms of the first floor lease. Plaintiff also sent a copy of his letter to the Department of Licenses and Inspections. Defendants replied by-letter dated February 28, 1979, with copies to plaintiff’s immediate supervisor and the Department of Licenses and Inspections. No complaint is made as to the body1 of the letter. Plaintiff’s complaint is addressed to the postscript which read as follows:

[628]*628“P.S. Harry, why don’t you learn to read? Perhaps then you could stop being the pompous, defensive asshole you have been in each dealing that I have had with you over the years; perhaps then you might be able to be more civil to those who employ you and who pay your salary, the taxpayers. Try not to forget, Harry, you are supposed to be a ‘public servant.’ ”

Defendants contend that the comments in the postscript are not defamatory; that they were not intended to be taken literally. They contend that their comments must be regarded as “a spoof, satire and nothing more”; that the comments were not defamatory as a matter of law. We have no difficulty in rejecting the defendants’ pretense that they were only engaged in a “spoof or satire.” The defendants were engaged in intemperate and excessive insult and invective, an angry over-reaction to a clear error on the part of the plaintiff. It is clear that the code violations as to the third floor did not apply to and were not the responsibility of the first floor tenant. A simple recitation of fact would have spared us this forensic experience with these parties.

Plaintiff contends that a light meaning cannot be ascribed to the postscript; that it clearly damaged his reputation in the community and affected his ability to earn a living.

Summary judgment may be granted only in cases where there is no genuine issue of material fact and where the moving party is entitled to a judgment as a matter of law. Pa. R.C.P. 1035. In determining whether there is a dispute of material fact, the court must take a view of the evidence most favorable to the party against whom the motion is directed, giving that party the benefit of all favorable inferences that might reasonably be drawn from the evidence. [629]*629The burden of proving the absence of any factual issue is therefore placed on the moving party. Badami v. Dimson, 226 Pa. Super. 75, 310 A.2d 298 (1973); Casella v. P.N.I., 2 P.I.C.O. 443, (Philadelphia County, Oct. term 1972, no. 1405, June 2, 1978). Here, the facts are undisputed. The issue before the court is whether the comments in the postscript are capable of a defamatory meaning and are sufficient to predicate an action for libel.

Both plaintiff and defendant agree that it is the function of the court to make an initial determination as to whether the statements complained of are capable of a defamatory meaning. Corabi v. Curtis Pub. Co., 441 Pa. 432, 273 A.2d 899 (1971); Vitteck v. Washington Broadcasting Co., Inc., 256 Pa. Super. 427, 389 A.2d 1197 (1978); Thomas Mertin Center v. Rockwell International Corp., 280 Pa. Super. 213, 421 A.2d 688 (1980); Casella v. Philadelphia Newspapers, Inc., supra. Only if the court initially determines that the statements are capable of a defamatory meaning may the case go to a jury to determine whether that meaning was so understood by the recipient or recipients.

Some of our law of defamation was reviewed by Judge Sidney Hoffman in Zelik v. Daily News Publishing Company, 288 Pa. Super. 277, 281-82, 431 A.2d 1046, 1048 (1982)2 as follows:

“ ‘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.’ ” Corabi v. Curtis Publishing Co., 441 Pa. 432, 442, 273 A.2d 899, 904 (1971) (quoting Cosgrove Studio [630]*630and Camera Shop, Inc. v. Pane, 408 Pa. 314, 318, 182 A.2d 751, 753 (1962)). “In short, . . . ‘Defamation is . . . that which intends to injure “reputation ” in the popular sense; to diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite adverse, derogatory or unpleasant feelings or opinions against him. It necessarily, however, involves the idea of disgrace . . .’ ” Vitteck v. Washington Broadcasting Co., supra, at 432, 389, A.2d at (quoting W. Prosser, Handbook of the Law of Torts sec. Ill, at 739 (4th ed. 1971)). “ ‘The test is the effect the [communication] 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. ’ ” Corabi v. Curtis Publishing Co., supra, at 447, 273 A.2d at 907 (quoting Boyer v. Pitt Publishing Co., 324 Pa. 154, 157, 188 A.2d 203, 204 (1936)) . . . “In its examination of the meaning of the communication, the court should read the allegedly defamatory words in context.” Beckman v. Dunn [276 Pa. Super. 527, 534, 419 A.2d 583, 586 (1980)].

In the Cosgrove case, supra, it was also stated: “A libel is a maliciously written or printed publication which tends to blacken a person’s reputation or expose him to public hatred, contempt or ridicule or injure him in his business or profession.” See also, Sarkees v. Warner-West Corp. 349 Pa. 365, 37 A.2d 544 (1944).

Plaintiff contends that the postscript attacks him as illiterate, pompous, defensive and uncivil. He claims that because his job requires him to deal with the public, the comments are an impression of incompetency and unfitness in his employment. He argues that the comments attacked him in “the occupational community where the larger part of [his] interests and activites are carried on;” that the com[631]*631ments lowered him in the estimation of the community and diminished the respect, goodwill and confidence in which he was held.

We cannot agree with plaintiff’s exaggeration that the statement really accused him of illiteracy. In context, the reference to learning “to read” was an accusation of error, not an accusation of illiteracy.

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Related

Badami v. Dimson
310 A.2d 298 (Superior Court of Pennsylvania, 1973)
Bogash v. Elkins
176 A.2d 677 (Supreme Court of Pennsylvania, 1962)
Scott-Taylor, Inc. v. Stokes
229 A.2d 733 (Supreme Court of Pennsylvania, 1967)
Vitteck v. Washington Broadcasting Co.
389 A.2d 1197 (Superior Court of Pennsylvania, 1978)
Thomas Merton Center v. Rockwell International Corp.
421 A.2d 688 (Superior Court of Pennsylvania, 1981)
Cosgrove Studio & Camera Shop, Inc. v. Pane
182 A.2d 751 (Supreme Court of Pennsylvania, 1962)
Beckman v. Dunn
419 A.2d 583 (Superior Court of Pennsylvania, 1980)
Burke v. Triangle Publications, Inc.
302 A.2d 408 (Superior Court of Pennsylvania, 1973)
Zelik v. Daily News Publishing Co.
431 A.2d 1046 (Superior Court of Pennsylvania, 1981)
Corabi v. Curtis Publishing Co.
273 A.2d 899 (Supreme Court of Pennsylvania, 1971)
Boyer v. Pitt Publishing Company
188 A. 203 (Supreme Court of Pennsylvania, 1936)
Sarkees v. Warner-West Corp.
37 A.2d 544 (Supreme Court of Pennsylvania, 1944)
McAndrew v. Scranton Republican Publishing Co.
72 A.2d 780 (Supreme Court of Pennsylvania, 1950)

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Bluebook (online)
30 Pa. D. & C.3d 626, 1982 Pa. Dist. & Cnty. Dec. LEXIS 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-cook-pactcomplphilad-1982.