Glazer v. Lamkin

506 N.W.2d 570, 201 Mich. App. 432
CourtMichigan Court of Appeals
DecidedSeptember 7, 1993
DocketDocket 140624
StatusPublished
Cited by30 cases

This text of 506 N.W.2d 570 (Glazer v. Lamkin) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glazer v. Lamkin, 506 N.W.2d 570, 201 Mich. App. 432 (Mich. Ct. App. 1993).

Opinion

Shepherd, J.

In this defamation action, the trial court granted defendant’s motion for summary disposition pursuant to MCR 2.116(0(10). Plaintiffs now appeal, and we affirm.

Plaintiffs’ complaint sets forth the following allegations:

3. That on or about December 19, 1989, at a meeting called by the Hamburg Township Board Defendant did accuse the Plaintiffs of paying off certain elected Board officials in order to obtain political favors in the form of a favorable vote on a zoning request that had been made by the plaintiffs.
4. That at the same meeting the Defendant did accuse the Plaintiffs of having undue influence and control over these elected officials and implied that a vote recently taken by the Board in favor of the Plaintiffs was a political pay-off, clearly implying *434 that the Plaintiffs were involved in some kind of illegal political conspiracy.
5. That the utterances made by the Defendant expressly and impliedly state that the plaintiffs are guilty of violating certain criminal laws and statutes of the State of Michigan which is libelous per se.
6. That the Plaintiffs believe the Defendant either directly or through her agents or cohorts have launched a letter-writing campaign to the Brighton Argus and Livingston County Press which directly and impliedly state that the Plaintiffs have wrongfully influenced elected Board members, have been violating environmental laws, and are generally creating a health and safety hazard, all of which is libelous per se.
7. That again on December 29, 1989, through a petition to recall the elected Board officials filed with the Livingston County Clerk and through an article the Defendant cause[d] to be published in the Livingston County Press and the Brighton Argus on January 3, 1990, the Defendant did impliedly accuse the Plaintiffs of "paying off political favors” and otherwise of directing or controlling the votes of these public officials, that these accusations are criminal nature [sic] and are also libelous per se.

In ruling in favor of defendant’s, the trial court found that plaintiffs failed to demonstrate a genuine issue of material fact because they did not show that they suffered economic damages as required under MCL 600.2911(7); MSA 27A.2911(7).

Michigan’s defamation statute, MCL 600.2911; MSA 27A.2911, amended by 1988 PA 396, § 1, applying to causes of action arising on or after January 1, 1989, provides in pertinent part as follows:

(1) Words imputing a lack of chastity to any female or male are actionable in themselves and *435 subject the person who uttered or published them to a civil action for the slander in the same manner as the uttering or publishing of words imputing the commission of a criminal offense.
(2)(a) Except as provided in subdivision (b), in actions based on libel or slander the plaintiff is entitled to recover only the actual damages he or she has suffered in respect to his or her property, business, trade, profession, occupation, or feelings.
(7) An action for libel or slander shall not be brought based upon a communication involving a private individual unless the defamatory falsehood concerns the private individual and was published negligently. Recovery under this provision shall be limited to economic damages including attorney fees.

With regard to the amended statute in question, the trial court noted that subsection 1 preserves common-law slander per se, while subsection 2(a) allows recovery not only for actual economic damages but also for injuries to reputation or feelings. However, the trial court noted that subsection 7, which was added shortly after the Supreme Court’s decision in Rouch v Enquirer & News of Battle Creek, 427 Mich 157; 398 NW2d 245 (1986), limits recovery in an action involving a private individual to economic damages, and that "damages other than economic damages are available only in public-figure defamation suits and not to private plaintiffs.”

Contrary to the trial court’s construal, we do not believe that the Legislature, in amending MCL 600.2911; MSA 27A.2911, intended that subsection 2(a) should apply only to actions for libel or slander actions involving public plaintiffs.

Where a statute is clear and unambiguous, judicial construction or interpretation is precluded. *436 Lorencz v Ford Motor Co, 439 Mich 370, 376; 483 NW2d 844 (1992). If judicial construction or interpretation is necessary, the court must ascertain and give effect to the intent of the Legislature, assigning words their ordinary, normally accepted meanings. Id.; People v Hawkins, 181 Mich App 393, 396; 448 NW2d 858 (1989). In determining legislative intent, courts should give statutory language a reasonable construction that best accomplishes the statute’s purpose. In re Forfeiture of $5,264, 432 Mich 242, 248; 439 NW2d 246 (1989). The Legislature will be presumed to have intended that its amendments of a statute be construed harmoniously with other provisions of the statute. Michigan Millers Mutual Ins Co v West Detroit Building Co, Inc, 196 Mich App 367, 373; 494 NW2d 1 (1992).

In this case, the clear language of subsection 2(a) of the statute states that "in actions based on libel or slander the plaintiff is entitled to recover only the actual damages he or she has suffered . . . .” (Emphasis provided.) Nowhere in the statute does it say that only public individuals are entitled to actual damages in an action for actual malice.

On the other hand, subsection 7 states that an action involving a private individual may not be brought unless the falsehood concerns the private individual and was published negligently. Under this provision, only economic damages, including attorney fees, can be recovered.

Although the trial court construed subsection 7 as limiting recovery by private plaintiffs in actions for libel and slander to economic damages, we do not believe that the Legislature intended to permit only public plaintiffs to seek actual damages for injuries to reputation and feelings under subsection 2(a). We believe that the trial court’s construal is incorrect, inasmuch as these two subsec *437 tions can be read harmoniously. Under subsection 7, if the publication of the defamatory falsehood is negligent, a private plaintiff must prove economic damages but cannot recover for injuries to feelings. Under subsection 2(a), however, if a private plaintiff proves actual malice, the plaintiff is entitled to, among other things, actual damages to reputation or feelings.

In the instant case, the trial court thus erred in granting defendant summary disposition on the ground that plaintiffs failed to show that there was a genuine issue with respect to whether they suffered economic damage as a result of defendant’s alleged slander.

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Bluebook (online)
506 N.W.2d 570, 201 Mich. App. 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glazer-v-lamkin-michctapp-1993.