Krajewski v. Gusoff

53 A.3d 793, 2012 Pa. Super. 166, 2012 Pa. Super. LEXIS 2055
CourtSuperior Court of Pennsylvania
DecidedAugust 14, 2012
StatusPublished
Cited by54 cases

This text of 53 A.3d 793 (Krajewski v. Gusoff) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krajewski v. Gusoff, 53 A.3d 793, 2012 Pa. Super. 166, 2012 Pa. Super. LEXIS 2055 (Pa. Ct. App. 2012).

Opinion

OPINION BY

BENDER, J.

Joan Krajewski appeals the trial court’s order granting preliminary objections in the nature of a demurrer and dismissing her claims of libel and false light invasion of privacy against defendants Fred Paul Gusoff; John Scanlon; Philly Online, LLC; Philadelphia Newspapers, LLC, doing business as Broad Street Community Newspapers; and Broad Street Publishing, LLC (collectively “the Newspapers”). Krajewski contends that the allegations of her complaint, if accepted as true, were legally sufficient to sustain her claims and that, consequently, the trial court erred in granting the demurrer. The trial court, the Honorable Patricia A. Mclnerney, concluded that the Complaint’s averments failed to state claims of defamation as Kra-jewski, in her capacity as a public official, could not demonstrate that the information the Newspapers published was in fact false. We agree with the distinguished trial court concerning three of those claims for the reasons Judge Mclnerney explained in her opinion. We differ with the court’s conclusions, however, in our disposition of Krajewski’s libel claim concerning the Holmesburg Library and all of her claims of false light invasion of privacy. The court concluded that proof of a false light privacy claim mandates allegations and proof sufficient to show “falsity [and] actual malice,” neither of which the court discerned in the articles the Newspapers published. Trial Court Opinion, 9/29/11, at 31. The court reasoned, in addition, that Krajewski’s claims might be otherwise unsustainable as the matters the articles raised were of “legitimate concern to the public.” Id. (citing Rush v. Philadelphia Newspapers, 732 A.2d 648, 654 (Pa.Su[797]*797per.1999)). The court also recognized, however, that in view of apparent conflict in our decisional law defining the elements of false light invasion of privacy, “this issue is better left to the Superior Court.” Id.

Upon review of the trial court’s analysis of Krajewski’s false light claims, we accept the court’s invitation to clarify our jurisprudence defining false light invasion of privacy as a cause of action. Accordingly, we differentiate false light from other invasion of privacy claims, delineate the elements of false light as a cause of action, and consider the extent to which falsity must be demonstrated to substantiate a claim. To aid in our discussion, we recite the pertinent factual and procedural history of this case as ably chronicled in Judge Mclnerney’s Rule 1925 Opinion:

[I]n this action Philadelphia City Councilwoman Joan Krajewski (“Councilwoman Krajewski” or “Plaintiff’) asserted causes of action for defamation and false light invasion of privacy based on the contents of a series of editorials, columns, cartoons, and letters to the editor published in the Northeast Times which to varying degrees commented critically upon her enrollment in the City of Philadelphia’s Deferred Retirement Option Plan (“DROP”) and/or subsequent acceptance of a $274,587.13 DROP payment following a one-day retirement between terms on the Council of the City of Philadelphia (“City Council”). Pursuant to DROP, a City of Philadelphia (“City”) employee who elects to participate may only continue to work for the City for a maximum of four years [after electing to participate in DROP]. (See Pl.’s Am. Compl. (“Compl.”) ¶¶8-9). Thus, by enrolling in DROP, the employee makes a commitment to retire within the next four years. While the employee remains working, a monthly pension payment for that employee is credited to a tax-deferred, interest-bearing account. (Comply 9). The employee receives the balance of the payments and interest as a lump sum upon retirement. (Compl.¶ 10). The election to participate in DROP is irrevocable. (Comply 8).
In 2004, having served on City Council since 1979, and having been elected to a four-year term ending in early January 2008, Plaintiff enrolled in DROP and made the decision to retire. (See Compl. ¶¶ 5, 11, 19-21). Later, however, Plaintiff considered not retiring, but rather running for another four-year term on City Council. (See Compl. ¶¶ 11-12, 13, 15). Relatedly, at the time she was considering a bid for re-election, Plaintiff spoke with then Philadelphia City Solicitor, Romulo Diaz, Esquire, (The “City Solicitor”) about withdrawing from DROP. (Comply 15). The City Solicitor informed her that she could not withdraw from DROP. (Comply 16). The City Solicitor, however, informed Plaintiff that if she won re-election, she could retire for one day at the conclusion of her existing term of office to fulfill the DROP requirement and then take the DROP payment and return for her new term of office. (Comp-¶ 16).
Around the time Plaintiff spoke with the City Solicitor, City Council President Anna Verna, in a request for advice, also sought the opinion of the City Solicitor regarding employment of City Council members who had or would enter DROP during their current terms of office and then win re-election. (See Compl. ¶¶ 16, 29, 31, 33). Consistent with what he told Plaintiff, the City Solicitor advised City Council President Verna in a letter that such City Council members could separate from City service and return no later than January 3, 2008 and be [formally] retired for at [798]*798least one working day, after which they could become rehired retirees upon being sworn in to their re-elected positions, and that would be in compliance with the Philadelphia Code. (See Compl. ¶¶ 16, 29, 31, 33).
In January of 2007, Plaintiff announced her intention to run for reelection. (Complin 19-20). Plaintiff subsequently ran and won the election for another four-year term on City Council, this one beginning in January 2008. (See Compl. ¶¶21, 33). Before beginning that term[,] Plaintiff retired for one day. (See Compl. ¶ 21). Shortly thereafter, Plaintiff received a DROP payment of $274,587.13 (See Compl. ¶¶ 21, 24). Currently, serving out this most recent term of office, Plaintiff remains a member of City Council. (See Compl. ¶¶ 5,21).[1]
On December 18, 2009, the instant action was commenced by a writ of summons. The defendants named were: Fred Paul Gusoff; John Scanlon; Philly Online, LLC; Philadelphia Newspapers, LLC; and Broad Street Publishing, LLC (“Defendants”). Defendants are editors and publishers of the Northeast Times, a local Philadelphia newspaper. On March 10, 2010, the case was deferred due to the filing of a suggestion of bankruptcy for Philly Online, LLC; Philadelphia Newspapers, LLC; and Broad Street Publishing, LLC. While the case was deferred[,] Plaintiff filed a complaint against Defendants for defamation and false light invasion of privacy pursuant to a stipulation which allowed for the filing of the complaint. The case was removed from deferred status on April 4, 2011. On April 8, 2011, preliminary objections to the complaint were filed. On April 28, 2011, an amended complaint was filed.
In her amended complaint Plaintiff averred that in spite of the Northeast Times’ endorsement of her on November 1, 2007, less than a month later Defendants “began their abuse of the Councilwoman in the Northeast Times.... ” (Compl.¶ 21).

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Bluebook (online)
53 A.3d 793, 2012 Pa. Super. 166, 2012 Pa. Super. LEXIS 2055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krajewski-v-gusoff-pasuperct-2012.