Garrett v. Kneass

482 So. 2d 876
CourtLouisiana Court of Appeal
DecidedJanuary 22, 1986
Docket17446-CA
StatusPublished
Cited by14 cases

This text of 482 So. 2d 876 (Garrett v. Kneass) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garrett v. Kneass, 482 So. 2d 876 (La. Ct. App. 1986).

Opinion

482 So.2d 876 (1986)

Bobby GARRETT, Appellee,
v.
Roger KNEASS, et al., Appellants.

No. 17446-CA.

Court of Appeal of Louisiana, Second Circuit.

January 22, 1986.
Writ Denied March 21, 1986.

*877 Loridans, Beresko & Loridans by Henri Loridans, Bossier City, for appellee.

Bowers & Bowers by Gary A. Bowers, Shreveport, for appellants.

Before JASPER E. JONES, NORRIS and LINDSAY, JJ.

NORRIS, Judge.

This is a suit for defamation. The defendant, Roger Kneass, allegedly called the plaintiff, Bobby Garrett, a "thug" in a crowded room. Kneass then went to a restaurant and reported to several people that Garrett had threatened his family. That night, one of the people to whom he had reported the incident appeared on the evening news and repeated the alleged threats. Finally, Kneass sent a letter to the mayor, the Shreveport Times, Journal, the U.S. Attorney General and the FBI, complaining of threats to his family. Garrett sued, claiming damages of $150,000 for humiliation and embarrassment, and loss of future income. The trial court, in oral reasons for judgment, dismissed the claim for lost income, and this portion of the case is not up for review. On the issue of defamation, however, the trial court ruled that each of Kneass's acts was defamatory. The trial court granted a judgment of $10,000, and Kneass now appeals. We find that the judgment was based in part on an incorrect application of the proper legal standards. Not all of the alleged acts entitle the plaintiff to recovery. Accordingly, we affirm and amend.

FACTS

The incidents occurred in the context of the hotly-contested Bossier City mayoral race in the spring of 1984. The plaintiff, Bobby Garrett, was an active campaigner for candidate Don Jones, who ultimately won the election. The defendant, Roger Kneass, was an active campaigner for Jones's opponent, Pat Anding, the wife of the deceased prior mayor. Jones and Anding were waging hard campaigns with enthusiasm and heat that carried down to the supporters. Frank Blackburn was the interim mayor.

The candidates squared off at a "Firing Line" debate at the Holiday Inn on March 28, 1984. In addition to the standard debate, the candidates fielded questions from the floor. Bobby Garrett and Roger Kneass were in attendance and Kneass asked some pointed questions of candidate Jones. Kneass asked Jones about some political meetings between Jones, Garrett and others, in which Jones allegedly proposed to hand-pick Garrett for various political offices. Garrett did not like the implications of these questions. When the debate had ended, the reporters left and the crowd was thinning, Garrett walked up to Kneass, intending to express his displeasure. *878 Kneass was standing at the rear of the room, close to the coffee table, visiting with various people. Garrett extended his hand, not in a friendly gesture but to tap Kneass on the shoulder or arm and attract his attention. He then spoke, and what he said was the subject of dispute. According to Garrett, he said, "If you're going to mention my name in public, I'd appreciate you getting the facts straight." According to Kneass, Garrett told him, "We don't like the questions you're asking. If it continues, you had better keep an eye on your family." Several witnesses testified that they had heard bits and snatches of conversation. All but one denied hearing Garrett use the word "family"; and that witness insisted that Garrett was referring to his own family. The trial court found that Garrett did not threaten Kneass's family.

Regardless, when Garrett got through speaking, Kneass looked out into the thinning crowd till he spied Don Jones, and shouted to him, "Jones, get your thugs away from me." All the witnesses heard this outburst, but none of them was quite sure that Kneass was talking about anyone in particular. According to Garrett, Kneass repeated this in a loud voice two or three times, but everyone else heard it only once.

As soon as he had delivered his blunt statement, Kneass turned on his heels and left the room. Garrett started after him but quickly gave it up, muttering, "The heck with it." Another Jones supporter, a Mr. Hall, thought Kneass had referred to him, and lunged in Kneass's direction, but was restrained by two or three people. In Kneass's absence, the Jones supporters laughed off the incident.

Kneass went in haste to the police station, where he allegedly reported the threat to the authorities, but the record contains nothing about this. Kneass's next stop was the restaurant at the Holiday Inn. Ms. Anding, Mayor Blackburn and a few other guests were there having dinner when Kneass burst in and told them what had happened. He was emotional. Mayor Blackburn attempted to reassure Kneass that nothing would come of it. Ms. Anding, however, was not reassured. She said she needed to go to the news media and let them know what was going on. She expressed the need to protect her workers' families' lives. Notably, Kneass did not assent to this or even encourage it; rather, Ms. Anding suggested it and Mayor Blackburn approved it. That evening, she appeared on the Channel 12 news and related Kneass's version of the story.

After the election, Kneass sent a letter to the victorious Don Jones. The letter is strong: it warns Jones, in no uncertain terms, that Kneass will be keeping an eye on Jones and making every attempt to unseat him in the next election. He starts out by mentioning "what happened at the Firing Line debate" and Jones's "gang." After covering other subjects, Kneass says in the foot of the letter that Jones should keep Garrett and others, whom he names, as far away from his family as possible. Kneass sent copies of this letter to the Times, the Journal, the FBI and the U.S. Attorney General. The record does not establish whether the newspapers actually printed this letter.

Garrett called a number of witnesses to prove his damages. Only one witness, Mayor Don Jones, for whom Garrett had worked so hard, said that his opinion of Garrett was diminished by the incident. Mayor Jones said he would not hire Garrett for any "directory level" positions, but admitted that Garrett had never applied for one. The trial court found that Garrett's subsequent change in employment was not directly attributable to the Firing Line incident and that Garrett's lost employment potential was inadequately proved. Garrett did not appeal this aspect of the judgment. The other witnesses expressed some "concern" for Garrett's reputation, R. p. 146, but still seemed to hold him in high esteem. One witness testified that he found the whole incident funny, even hilarious.

*879 DISCUSSION

In order to prevail in a case of defamation, the plaintiff must prove five elements: defamatory words, publication, falsity, malice and resultant injury. Carter v. Catfish Cabin, 316 So.2d 517 (La.App. 2d Cir.1975); Cangelosi v. Schwegmann Bros. Giant Super Markets, 390 So.2d 196 (La. 1980).

Language is defamatory when it tends to expose the plaintiff to contempt, hatred, ridicule or obloquy, or causes him to be shunned or avoided, or has a tendency to deprive him of the benefits of public confidence or injure him in his occupation. Madison v. Bolton, 234 La. 997, 102 So.2d 433 (1958).

Based on our analysis of the facts, we have isolated four alleged defamatory acts:

(1) Roger Kneass telling Don Jones to get his "thugs" away at the Holiday Inn (The Firing Line incident);

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482 So. 2d 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-kneass-lactapp-1986.