Johnson v. Lanoix

847 So. 2d 1283, 2003 WL 21259992
CourtLouisiana Court of Appeal
DecidedMay 28, 2003
Docket03-CA-143
StatusPublished
Cited by4 cases

This text of 847 So. 2d 1283 (Johnson v. Lanoix) 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
Johnson v. Lanoix, 847 So. 2d 1283, 2003 WL 21259992 (La. Ct. App. 2003).

Opinion

847 So.2d 1283 (2003)

Robin G. JOHNSON and Virginia J. Gallardo
v.
Norman Kirk LANOIX.

No. 03-CA-143.

Court of Appeal of Louisiana, Fifth Circuit.

May 28, 2003.

Olden C. Toups, Jr., Grant & Barrow, Gretna, LA, Counsel for Appellants, Robin Johnson and Virginia Gallardo.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY and CLARENCE E. McMANUS.

SUSAN M. CHEHARDY, Judge.

In this defamation case, the trial judge, after a hearing, awarded the plaintiffs *1284 damages of $1,000.00 each. The plaintiffs appeal that amount as abusively low. For the reasons that follow, we amend the trial court's ruling and affirm as amended.

Facts

The plaintiffs, Robin Gallardo Johnson and Virginia Jeanette Gallardo, are sisters who live in Terrytown, Louisiana. They live in the same neighborhood as the defendant, Norman Kirk Lanoix.

The sisters were hired by the Jefferson Parish Clerk of Court to work as Poll Commissioners at Precinct No. 237 for the general election on November 7, 2000. Lanoix was Poll Commissioner in Charge of that Precinct.

In the days preceding the November 7, 2000 election, Lanoix contacted Robin Johnson and advised her that she was not to report to work on election day. Ms. Johnson contacted Don Canino to verify LaNoix's instructions and Canino advised Johnson to report to the Poll as scheduled.

Around this same time, Elphy Frank Daigle, another Poll Commissioner from Lanoix's precinct, received a handwritten Notice to Leave Premises Form from Lanoix, which ordered Daigle to remain at least 600 feet away from the Polling place on election day. The record does not reflect whether Ms. Johnson, Ms. Gallardo, or Mr. Daigle reported to work as Poll Commissioners on November 7, 2000.

In December of that same year, the sisters began receiving numerous magazines that they did not order. For several months, the sisters and, as they later learned, another neighbor, Alta Maynard, received over 50 magazines a month that they had not ordered.

On January 2, 2001, the supervisor of the Terrytown Recreation Department contacted Ms. Johnson, who sits on the Board of Directors for the Terrytown Gym Boosters Club, and asked her to meet with him. When she arrived, the supervisor showed her a postcard that he had received. The handwritten postcard purported to be from Robin Johnson and stated that, as required by law, she was reporting to people in her neighborhood that she had been convicted of contributing to the delinquency of a juvenile, possession of child pornography, possession with intent to distribute child pornography, child endangerment, sexual battery of a juvenile, and statutory rape.

In time, Ms. Johnson learned that similar postcards had also been mailed to two families in her neighborhood as well as Terrytown Elementary School, Christ the King School, St. Rosalie School, Terrytown Library, and her place of employment, the Jewish Community Center. After receiving this postcard, the Jewish Community Center did not renew her employment contract for that year. As a result, Ms. Johnson lost income totaling $11,433.00.

On January 5, 2001, Ms. Gallardo received a bill from Time Magazine for gift magazine subscriptions that she had allegedly ordered for her sister and someone named Alta Maynard. Ms. Gallardo had not, however, ordered these magazines. At that time, she did not know Ms. Maynard. As a result of this incident, however, Ms. Johnson met and spoke with Ms. Maynard. During this meeting, the sisters learned that Ms. Maynard was also a Poll Commissioner assigned to Lanoix's precinct.

On January 23, 2001, Ms. Johnson received a letter from the United States Post Office stating that her request to forward her mail from her home to her place of employment had been received. Ms. Johnson had not, however, submitted a request to have her mail forwarded. Around that same date, Ms. Maynard received a similar notice from the United States Post Office that, per her request, her mail would be forwarded to Alaska. *1285 Like Ms. Johnson, she had not submitted a forwarding order for her mail either.

After this incident, the sisters, along with Daigle and Maynard, contacted the Jefferson Parish Sheriff's Office to investigate these occurrences. After speaking with Detective David Spera of the Criminal Investigations Division of the Jefferson Parish Sheriff's Office, Ms. Johnson learned of another troubling incident.

Detective Spera informed Ms. Johnson that he had received a fax from the Pastor of the New Hope Baptist Church in Gretna, Reverend Dufrene. The fax was a letter to Reverend Dufrene, which was received on or about January 15, 2001, purportedly from Ms. Johnson asking for help with her addiction to having sexual relations with her children and her nephew, Ms. Gallardo's son. The letter also reported that Ms. Gallardo not only permitted Ms. Johnson to have sex with her son but also encouraged this behavior. Both Ms. Johnson and Ms. Gallardo state that these allegations were false.

In February of 2001, handwriting analysis of the postcard and the Notice to Leave Premises sent by Lanoix to Daigle was conducted. As a result, the Jefferson Parish Sheriff's Office determined that the same person, Lanoix, wrote both documents.[1]

On September 17, 2001, Ms. Johnson and Ms. Gallardo filed suit for personal injuries and defamation against Lanoix. On October 11, 2001, Lanoix filed an answer affirmatively admitting ten of eleven allegations of the plaintiffs' petition and failing to deny the eleventh allegation. In essence, Lanoix admitted all of the allegations of the plaintiffs' petition.[2]

On June 18, 2002, the matter proceeded to trial for determination of damages. Although the record reflects that Lanoix received personal notice of the trial date, he did not appear for trial.[3] At trial, Robin Johnson testified that, after the Jewish Community Center received the defamatory postcard purportedly from her reporting her sex offense convictions, the Center did not renew her employment contract. She lost $11,433.00 in income.

She also testified that, after the supervisor of the Terrytown Booster Club received a similar postcard, people approached her at the playground and questioned her about the contents of the postcard. She testified that she felt that she had to produce a police report "to prove my innocence." She was very distressed because several of the people did not know her before this incident so she felt that they believed the false statements made in the postcard. As a result of this distress, she was physically ill, lost sleep, cried frequently, and felt depressed. She felt that she was still experiencing this distress at the time of trial.

Finally, she stated that, after these incidents, she was afraid of Lanoix, who lived "right down the street." She testified that, if she was outside of her house when Lanoix drove by her house, "he would almost come to a complete stop and he would just glare at me."

*1286 At trial, Virginia Gallardo testified that the only false statement made about her was in the letter sent to Reverend Dufrene of the New Hope Baptist Church, alleging that she encouraged her sister to have sexual relations with her son. She felt sure that Reverend Dufrene believed that statements contained in the letter because he reported it to the Jefferson Parish Sheriff's Office. She experienced depression, mental distress and sleeplessness because of this false allegation.

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Bluebook (online)
847 So. 2d 1283, 2003 WL 21259992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-lanoix-lactapp-2003.