Guilford v. Northwestern Public Service

1998 SD 71, 581 N.W.2d 178, 14 I.E.R. Cas. (BNA) 223, 1998 S.D. LEXIS 70
CourtSouth Dakota Supreme Court
DecidedJuly 1, 1998
DocketNone
StatusPublished
Cited by13 cases

This text of 1998 SD 71 (Guilford v. Northwestern Public Service) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guilford v. Northwestern Public Service, 1998 SD 71, 581 N.W.2d 178, 14 I.E.R. Cas. (BNA) 223, 1998 S.D. LEXIS 70 (S.D. 1998).

Opinions

[179]*179AMUNDSON, Justice.

[¶ 1.] Employee brought suit against employer for slander and defamation when employer conveyed information about employee to a prospective employer. The prospective employer rescinded an offer of employment as a result. The trial court granted summary judgment for the employer. Employee appeals. We affirm.

FACTS

[¶ 2.] In 1983 John Guilford accepted a job with Swift Packing, which subsequently became Dakota Pork. Guilford was still employed by Dakota Pork in 1992 when he became interested in seeking a position as a welder with Northwestern Public Service (NWPS). After attending classes at Mitchell Vo-Tech, Guilford was granted an'interview with NWPS officials. At the end of February or beginning of March, 1993, Guilford was notified that he would be hired upon passage of a drug test and physical.

[¶ 3.] On or about March 31,1993, Guilford gave notice to Dakota Pork that he would be quitting his job. However, on April 2, 1993, Guilford was notified by NWPS that the offer of employment had been withdrawn. Dakota Pork then allowed Guilford to withdraw his termination notice and he kept his same job, salary, and benefits.

[¶ 4.] Guilford then found out about a conversation that took place between Mark Heu-ston, Dakota Pork’s personnel director, and Terry White, NWPS’s personnel, director. Heuston called White and informed him of what Heuston viewed as Guilford’s problems with alcohol abuse, attendance, sleeping at work, and domestic abuse. Based on this information, NWPS had made the decision to ' rescind the offér of employment to Guilford.

[¶ 5.] Guilford brought suit against Dakota Pork, alleging, among other things, that the statements made by Mark Heuston were slanderous and caused Guilford damage.' The trial court granted summary judgment to Dakota Pork, finding no genuine issues of material fact and dismissing Guilford’s complaint. Among other reasons for the dismissal, the trial 'court found that Guilford admitted that the allegedly slanderous remarks by Heuston were true. Guilford appeals, raising the following issues:

1. Whether there were issues of fact that precluded summary judgment-on the issues of defamation and slander.
2. Whether a conversation between officials of the two employers was privileged so as to defeat a claim of slander or defamation.
3. Was there an issue of fact as to whether or not Heuston acted with malice in initiating contact with Guilford’s prospective employer and making what Guilford argues are false statements.

STANDARD OF REVIEW

[¶ 6.] Our standard of review for summary judgment has been clearly established as follows:

“In reviewing a grant or a denial of summary judgment under SDCL 15-6-56(c), we must determine whether the moving party demonstrated the absence of any genuine issue of material fact and showed entitlement to judgment on the merits as a matter of law. The evidence must be viewed most favorably to the nonmoving party and reasonable doubts should be resolved against the moving party. The non-moving party, however, must present specific facts showing that a genuine, material issue for trial exists. Our task on appeal is to determine only whether a genuine issue of material fact exists and whether the law was correctly applied[.]”

Walz v. Fireman’s Fund Ins. Co., 1996 SD 135, ¶ 6, 556 N.W.2d 68, 70 (quoting Lamp v. First Nat’l Bank of Garretson, 496 N.W.2d 581, 583 (S.D.1993)). When reviewing a .grant of summary judgment, we must undertake an independent review of the record. Id. (citation omitted). “The burden of proof is upon the movant to show clearly that there is no genuine issue of material fact and that ■ he is entitled to judgment as a matter1 of law.” Kern v. City of Sioux Falls, 1997 SD 19, ¶ 4, 560 N.W.2d 236, 237 (citing State Dep’t of Revenue v. Thiewes, 448 N.W.2d 1, 2 (S.D.1989)).

[180]*180DECISION

[¶ 7.] 1. Defamation and Slander

[¶ 8.] Defamation consists of either libel or slander. SDCL 20-11-2. Slander is defined as

a false and unprivileged publication ... which ... [t]ends directly to injure [a person] in respect to his office, profession, trade, or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profit[.]

SDCL 20-11-4 (in pertinent part). Thus, truthful statements clearly do not amount to slander. Id.; see, e.g., Beverly Hills Foodland, Inc. v. United Food & Commercial Workers Union, Local 655, 39 F.3d 191, 195-96 (8th Cir.1994) (summary judgment for union appropriate when its statements could not reasonably be read to be false assertions of fact); Huegerich v. IBP, Inc., 547 N.W.2d 216, 221 (Iowa 1996); Johnson v. Dirkswager, 315 N.W.2d 215, 219 (Minn.1982); Meier v. Novak, 338 N.W.2d 631, 635 (N.D.1983). “The truth of a defamatory statement is measured by the ordinary implication of the words at the time the statement was made_” 53 C.J.S. Libel and Slander § 108 at 194 (1987).

[¶ 9.] The trial court found that Guilford had basically admitted his way out of court on the issue of defamation because of his answers under oath in his deposition. Also, the trial court noted that Guilford did not specifically point out in his affidavit, submitted in resistance to the motion for summary judgment, in what respect Héuston’s remarks to White were false.

[¶ 10.] Our review of the record shows that Guilford did directly admit in his deposition many of the things that he considers slanderous. As to his work attendance, Guil-ford stated the following in his deposition when asked if he had any problems with tardiness: “About the only time I’ve ever really had too much trouble with tardiness was when I was going to school, otherwise I’d miss maybe a couple days sick a year, maybe [be] late a couple times a year, but otherwise no big problem.” Later in his deposition, Guilford admitted “[w]hen I was going to school and getting two and a half hours of sleep a day, I was sick a lot.” On the issue of spousal abuse or domestic problems Guilford stated:

My second ex-wife and I in — I believe it was ’87 or ’88 went to some counseling for that reason. It probably was 1988.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Beals v. Autotrac, Inc.
2017 SD 80 (South Dakota Supreme Court, 2017)
Karst v. Shur-Co.
2016 SD 35 (South Dakota Supreme Court, 2016)
Stern Oil Co. v. Border States Paving, Inc.
2014 SD 28 (South Dakota Supreme Court, 2014)
Setliff v. Akins
2000 SD 124 (South Dakota Supreme Court, 2000)
Carpenter v. City of Belle Fourche
2000 SD 55 (South Dakota Supreme Court, 2000)
McCroden v. Case
1999 SD 146 (South Dakota Supreme Court, 1999)
McGroden v. Case
1999 SD 146 (South Dakota Supreme Court, 1999)
Guilford v. Northwestern Public Service
1998 SD 71 (South Dakota Supreme Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
1998 SD 71, 581 N.W.2d 178, 14 I.E.R. Cas. (BNA) 223, 1998 S.D. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guilford-v-northwestern-public-service-sd-1998.