Harman v. Heartland Food Company

614 N.W.2d 236, 2000 Minn. App. LEXIS 732, 2000 WL 978994
CourtCourt of Appeals of Minnesota
DecidedJuly 18, 2000
DocketC5-99-1805
StatusPublished
Cited by18 cases

This text of 614 N.W.2d 236 (Harman v. Heartland Food Company) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harman v. Heartland Food Company, 614 N.W.2d 236, 2000 Minn. App. LEXIS 732, 2000 WL 978994 (Mich. Ct. App. 2000).

Opinion

OPINION

DAVIES, Judge.

After a jury trial, appellants Heartland Food Company and Tim Johnson were found liable on respondent Mark Harman’s claims for defamation and wrongful interference with a contractual relationship. *239 They challenge the trial court’s denial of their motion for JNOV. Appellants argue that (1) Johnson’s statement about Har-man’s skills was non-actionable and (2) any interference with Harman’s employment relationship was justified by Heartland Food’s right to protect its own legitimate business interests. We agree and reverse.

FACTS

The Interference With Contract Claim

In 1989, Harvest Land entered into a seven-year contract to produce turkeys for Swifb-Eckrich, Inc., a turkey processor. The contract required Swift-Eckrich to pay medication expenses incurred by Harvest Land in growing the turkeys; it also gave Swift-Eckrich authority to oversee Harvest Land’s turkey operations. Respondent Mark Harman managed Harvest Land’s turkey production division.

In the spring of 1992, Swifb-Eckrich assigned its interest in the Harvest Land contract to Heartland Food (appellant). Appellant played a more active role in overseeing Harvest Land’s turkey growing operation than had Swift-Eckrich, sending a service person to inspect the barns regularly and making recommendations on technical matters. Appellant’s president testified that proper and efficient flock management by the grower is important to the processor’s profitability and that appellant was losing money on its contract with Harvest Land. Due to differing flock-management philosophies, tensions developed between appellant’s personnel and Har-man.

The most significant dispute concerned medication and vaccination. Johnson, appellant’s procurement director, testified that Harman refused to follow appellant’s medication and vaccination programs and failed to obtain appellant’s consent before administering medications. Johnson testified that Harman tended to use medication for every problem that came along, even though medication is not always an appropriate solution. Harman admitted that on occasion he administered medication despite appellant’s refusal to approve and that he stopped following appellant’s vaccination program because he felt it was not working.

Johnson testified that appellant’s personnel met with Harman and his staff several times to try to resolve the medication issues. Johnson also met with Harvest Land’s general manager and assistant general manager several times to explain appellant’s frustration with the way Har-man was managing Harvest Land’s farms.

In November 1994, Johnson sent written guidelines for medicating and vaccinating turkeys to Harvest Land. But Harman concedes that he did not comply with these guidelines because he did not believe the contract gave appellant the authority to enforce them. Harman continued to medicate turkeys without appellant’s approval and also failed to comply with a vaccination requirement in the guidelines.

Johnson testified that appellant continued to incur substantial losses on Harvest Land’s flocks and that he believed those losses were partially .attributable to Har-man’s medication and vaccination policies. A discussion with Harman in June or July of 1996 left Johnson with the impression that Harman would continue not to cooperate with appellant’s policies.

A month or two later, appellant sent Harvest Land a message proposing — or requiring — that Harman not be involved in turkey raising for appellant, its parent, or two other affiliated companies. Allegedly, as a result of appellant’s request — or demand — Harman was' transferred from Harvest Land’s turkey division to a non-management position in an affiliated company. As a result of the transfer, Har-man’s salary was reduced from $52,000 per year to $36,000 per year and he no longer was involved with turkey production, his specialty.

The Defamation Claim

Harman’s defamation claim is based on a statement appellant Johnson made to *240 Dale Tauer, who also had a contract to grow turkeys for appellant Heartland Food Company. Johnson told Tauer that “Harman knew nothing about raising turkeys” and that if Tauer did not stay away from Harman, Tauer’s. contract with Heartland would be in jeopardy. Tauer testified that he did not take the statement seriously, but as simply a comment arising from Johnson’s anger at that time. Tauer testified that he knew Harman was an experienced and competent turkey grower who he occasionally asked for advice on medication issues.

ISSUES

I. Did the trial court err in denying appellants’ motion for. JNOV on Harman’s defamation claim?

II. Did the trial court err in denying appellahts’ motion for JNOV on Harman’s claim for intentional interference with a contractual relationship?

ANALYSIS

When the trial court considers a motion for JNOV it must determine whether, viewing the evidence in the light most favorable to the nonmoving party, the verdict is manifestly against the entire evidence or whether despite the jury’s findings of fact the moving-party is entitled to judgment as a matter of law. Therefore the standard of review is de novo. Where JNOV has been denied by the trial court, on appellate review the trial court must be affirmed, if, in the record, there is any competent evidence reasonably tending to sustain the verdict. Unless the evidence is practically conclusive against the verdict, this court will not set the verdict aside. The evidence must be considered in the light most favorable to the prevailing party and an appellate court must not set the verdict aside if it can be sustained on any reasonable theory of the evidence.

Pouliot v. Fitzsimmons, 582 N.W.2d 221, 224 (Minn.1998) (quotations and citations omitted).

I.

To be defamatory, a statement must be communicated to someone other than the plaintiff, must be false, and must tend to harm plaintiffs reputation in the community. Stuempges v. Parke, Davis & Co., 297 N.W.2d 252, 255 (Minn.1980). 1 Words may be divided into three categories: (1) those that cannot possibly have a defamatory meaning; (2) those that are reasonably susceptible to a defamatory meaning; and (8) those that are clearly defamatory on their face. Church of Scientology of Minn. v. Minnesota State Med. Ass’n Found., 264 N.W.2d 152, 155 (Minn.1978). The question of whether a claimed defamatory meaning is reasonably conveyed by the language used is a question of law for the court. Utecht v. Shopko Dep’t Store, 324 N.W.2d 652, 653 (Minn.1982).

Whether a defamatory meaning is conveyed is dependent upon how an ordinary person understands “the language used in the light of surrounding circumstances.” Gadach v. Benton County Co-op. Ass’n, 236 Minn.

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Cite This Page — Counsel Stack

Bluebook (online)
614 N.W.2d 236, 2000 Minn. App. LEXIS 732, 2000 WL 978994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harman-v-heartland-food-company-minnctapp-2000.