Eve Carson v. Stacy Palombo

18 N.E.3d 1036, 2014 Ind. App. LEXIS 493, 2014 WL 4953540
CourtIndiana Court of Appeals
DecidedOctober 3, 2014
Docket49A02-1312-PL-1052
StatusPublished
Cited by11 cases

This text of 18 N.E.3d 1036 (Eve Carson v. Stacy Palombo) 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
Eve Carson v. Stacy Palombo, 18 N.E.3d 1036, 2014 Ind. App. LEXIS 493, 2014 WL 4953540 (Ind. Ct. App. 2014).

Opinion

OPINION

VAIDIK, Chief Judge.

Case Summary

In 2009 Eve Carson posted a video to YouTube.com criticizing the investigation of her sister-in-law’s murder that occurred about a quarter-century before in Boston. Stacy Palombo, known by a username at the time, commented on Eve’s video, and Eve filed a complaint against Stacy for defamation per se, defamation per quod, and invasion of privacy by false light. The trial court entered summary judgment in favor of Stacy on all three claims, and Eve now appeals.

We conclude that the trial court did not abuse its discretion in denying Eve’s motion to amend her complaint on the defamation per se claim. This Court’s prior opinion in this case directed the trial court on remand to enter partial summary judgment in favor of Stacy on Eve’s claim for defamation per se, and the trial court did so. Pursuant to the law-of-the-case doctrine, Eve cannot amend her complaint to add facts that she knew—but omitted—at the time she originally filed her complaint in order to defeat the grant of partial summary judgment on this issue in favor of Stacy. In addition, because there is no genuine issue of material fact that Eve’s claimed damages were not incurred as a natural and proximate consequence of Stacy’s alleged defamatory statements, we affirm the trial court’s entry of summary judgment in favor of Stacy on Eve’s claim for defamation per quod. Finally, in light of the other videos that Eve herself posted on YouTube that cast her in essentially the same light as Stacy’s comment, we conclude that the trial court properly granted summary judgment in favor of Stacy on Eve’s claim for invasion of privacy by false light. We therefore affirm the trial court.

Facts and Procedural History

Eve Carson, who lives in Indianapolis, hosts a channel on YouTube.com called “eveknowsthetruth.” Among other things, Eve posts videos about the unsolved murder of her sister-in-law, Joan Webster, who was a Harvard graduate student when she disappeared in 1981. 1 In the videos, Eve criticizes the murder investigation conducted by the Boston Police Department, the Boston office of the FBI, the Massachusetts State Police, and the Boston District Attorney’s office. Joan’s remains were found buried in Hamilton, Massachusetts, in 1990. Joan’s murder was highly publicized and is the subject of a 2008 book written by Timothy Burke, the former Boston prosecutor who claims to know the identity of Joan’s murderer.

On July 2, 2009, Eve posted a video on her YouTube channel called “Extortion Drama,” which addresses a phone call received by Joan’s family on October 14, 1982, that claimed Joan was still alive and demanded a reward for her safe return. On September 14, 2009, Stacy 2 —a Massachusetts resident who is related to a police officer who was involved in Joan’s murder investigation—posted several comments to *1039 Eve’s video. Specifically, Stacy told Eve to stop attacking Lieutenant Andrew Pa-lombo, who had since passed away, and accused Eve of being “an angry ex wife whose kids have been taken from her for god known reasons.” Appellant’s App. p. 25.

Less than a year later, Eve filed a complaint against Stacy 3 in an Indiana trial court alleging defamation per se, defamation per quod, and false-light publicity. Stacy alleged truth as a defense. Appel-lee’s App. p. 7. Stacy later filed a motion for partial summary judgment as to Eve’s claim for defamation per se. The trial court denied Stacy’s motion and certified its order for interlocutory appeal. This Court accepted jurisdiction.

On appeal, another panel of this Court noted that a plaintiff may maintain an action for defamation per se for a communication that (1) imputes criminal conduct; (2) with malice; (3) is published; and (4) causes damages. Doe v. Carson, No. 49A05-1201-PL-2, 2012 WL 2904007 (Ind.Ct.App. July 17, 2012). This Court found that the words used in Stacy’s characterization of Eve as “an angry ex wife whose kids have been taken from her for god known reasons” 4 imputed first that Eve was angry, divorced, and had children. This Court concluded that none of these imputations were criminal and, therefore, not actionable. The crux of what Eve took issue with—the latter part of Stacy’s comment—imputed, in Eve’s view, that her children were taken from her by a law-enforcement entity because Eve committed a crime that warranted such action. This Court, however, disagreed with Eve’s reading of the latter part of Stacy’s comment. In this Court’s view, the latter part of Stacy’s comment could have imputed that Eve’s children were awarded to her ex-husband in divorce or custody-modification proceedings, which did not impute commission of a crime. Or it could have imputed that Eve’s children died for reasons that only God knew, which also did not impute commission of a crime. This Court likewise concluded that the phrasing of Stacy’s comment that referred to Eve’s children being “taken” from her and the phrasing that explained the taking of Eve’s children as being “for god known reasons” did not substantially impute commission of a crime and therefore were not actionable as defamation per se. Accordingly, this Court reversed the trial court’s order denying Stacy’s motion for partial summary judgment and remanded the case to the trial court with instructions to enter partial summary judgment on the' issue of defamation per se in Stacy’s favor. 5 This *1040 Court noted that this grant of partial summary judgment did not impact Eve’s claims for defamation per quod or false-light publicity. Eve did not seek transfer.

Thereafter, Eve filed a motion for leave to amend her complaint again in order to include Stacy’s comments that she had omitted from her complaint in her defamation per se claim. See Appellant’s App. p. 60 (“Plaintiff respectfully requests that the Court grant her leave to amend her Complaint in light,of the Court of Appeals’ decision of July 17, 2012. In light of the Court of Appeals’ express statement that certain statements of Defendant must be disregarded because they were not included in Plaintiffs First Amended Complaint, Plaintiffs inability to amend her complaint would subject her to an injustice.” (formatting altered)), 62, 68-69. Stacy objected. After a hearing, the trial court denied Eve’s motion to amend her complaint. Furthermore, in light of this Court’s July 2012 opinion directing the trial court to enter partial summary judgment in Stacy’s favor on Eve’s claim for defamation per se, the trial court entered partial summary judgment in Stacy’s favor “with respect to the issue whether or not [Stacy’s] alleged defamatory statements constitute defamation per se—the Court holds that they do not and enters judgment so holding and dismissing [Eve’s] claim of defamation per se.” Id. at 127. Finally, as for the remaining claims of defamation per quod and false-light publicity, the trial court entered summary judgment in favor of Stacy. Id. at 129.

Eve now appeals.

Discussion and Decision

Eve raises three issues on appeal, which we reorder.

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Cite This Page — Counsel Stack

Bluebook (online)
18 N.E.3d 1036, 2014 Ind. App. LEXIS 493, 2014 WL 4953540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eve-carson-v-stacy-palombo-indctapp-2014.