Lawrence v. Walker

9 Pa. D. & C.5th 225
CourtPennsylvania Court of Common Pleas, Centre County
DecidedSeptember 11, 2009
Docketno. 2007-4224
StatusPublished
Cited by2 cases

This text of 9 Pa. D. & C.5th 225 (Lawrence v. Walker) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Centre County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawrence v. Walker, 9 Pa. D. & C.5th 225 (Pa. Super. Ct. 2009).

Opinion

RUEST, J,

Presently before the court are defendant McCann’s motion for summary judgment on the second amended complaint; defendant Walker’s motion for summary judgment on the second amended complaint; plaintiff’s motion for partial summary judgment on the second amended complaint against [226]*226defendants Walker, McCann and Klug; defendants Carter, Klug, McCann, Saadi, Rod and Straight’s motion for summary judgment on the second amended complaint; defendant American Philatelic Society’s motion for summary judgment on the second amended complaint; and counterdefendant’s motion for summary judgment on the second amended counterclaim.

BACKGROUND

This case arises out of the 2007 election of officers for the American Philatelic Society (APS). The plaintiff ran unsuccessfully for the presidency, and had previously run unsuccessfully for president in 1997. Plaintiff is also active in the American Philatelic Research Library (APRL).

PROCEDURAL HISTORY

Plaintiff initiated this cause of action by filing a writ of summons on October 9,2007. This writ was followed by a complaint filed on December 5, 2007. Upon the filing of preliminary objections by defendants, plaintiff filed his first amended complaint on January 7, 2008. Defendants subsequently filed preliminary objections to the first amended complaint, which resulted in the filing of the second amended complaint. Preliminaiy objections were again filed by all defendants, and the court ruled on them on June 12, 2008. Defendants Carter, Klug, McCann, Neil, Saadi, Rod and Straight filed an answer and counterclaim to the second amended complaint on September 18, 2008.

[227]*227DISCUSSION

In Pennsylvania, motions for summary judgment are governed by the well-established standard set forth below:

“Pennsylvania law provides that summary judgment may be granted only in those cases in which the record clearly shows that no genuine issues of material fact exist and that the moving party is entitled to judgment as a matter of law. The moving party has the burden of proving that no genuine issues of material fact exist. In determining whether to grant summary judgment, the trial court must view the record in the light most favorable to the non-moving party and must resolve all doubts as to the existence of a genuine issue of material fact against the moving party. Thus, summary judgment is proper only when the uncontroversial allegations in the pleadings, depositions, answers to interrogatories, admissions of record and submitted affidavits demonstrate that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law. In sum, only when the facts are so clear that reasonable minds cannot differ, may a trial court properly enter summary judgment.” Barnish v. KWI Building Company, 916 A.2d 642, 645 (Pa. Super. 2007).

Rule 1035.2 of the Pennsylvania Rules of Civil Procedure provides that where the non-moving party bears the burden of proof, that party must present facts sufficient to establish aprima facie case. Pa.R.C.P. 1035.2(2). Mere issues of fact are insufficient to defeat the motion. The non-moving party must produce admissible evidence [228]*228to controvert the motion. Id. In support of a motion for summary judgment, the moving party may show that the non-moving party is unable to satisfy an element of his cause of action or defense. First Pennsylvania Bank N.A. v. Triester, 251 Pa. Super. 372, 380 A.2d 826 (1977).

I. Defendant McCann’s Motion for Summary Judgment on the Second Amended Complaint

The basis for plaintiff’s claim of defamation against defendant McCann is that defendant McCann advised plaintiff, prior to the 2007 APS election, that defendant McCann had heard that plaintiff, if elected, would fire APS Executive Director Peter C. Mastrangelo. Defendant McCann does not deny having this conversation with plaintiff. In Count 1 of his second amended complaint, plaintiff asserts that defendant McCann made the statement with full knowledge that it was false and with reckless disregard of whether it was true or false. Plaintiff has produced no evidence to support these allegations. Plaintiff’s testimony makes it clear that defendant Mc-Cann shared this allegation with plaintiff as a rumor defendant McCann had heard and was relating to plaintiff. There is no evidence that defendant McCann continued to discuss the rumor after plaintiff assured him it was false.

Defendant McCann argues, in the alternative, that plaintiff is a limited purpose public figure. Defendant McCann cites plaintiff’s voluntary involvement in the discussion of issues involving APS management, including the Match Factory purchase, and running for president of the APS on two separate occasions. As a limited [229]*229purpose public figure, plaintiff would need to allege and prove that the allegedly defamatory statements he is attributing to Dr. McCann were made with actual knowledge that they were false or with reckless disregard of whether they were false or not. New York Times Co. v. Sullivan, 276 U.S. 254, 279-80 (1964). A defamatory statement is one that tends to blacken a person’s reputation and expose them to public hatred, contempt or ridicule. Tucker v. Philadelphia Daily News, 577 Pa. 598, 614, 848 A.2d 113, 124 (2004). It is not enough that a person be embarrassed or annoyed, he must have suffered the kind of harm which has grievously fractured his standing in the community of respectful society. Id. The court determines plaintiff is a public figure for the limited purpose of the APS and its election. In light of this determination, the court further finds no evidence has been presented to show that defendant McCann acted with the requisite malice for defamation.

II. Defendant Walker’s Motion for Summary Judgment on the Second Amended Complaint

Plaintiff’s claims of defamation against defendant Walker arise from a campaign letter sent to approximately 38,000 APS members by defendant Walker. The basis for plaintiff’s claims are defendant Walker’s criticism of plaintiff for his role in relocating APS headquarters to the Match Factory and defendant Walker’s criticism of plaintiff’s political writings. Defendant Walker was highly critical of plaintiff’s chairmanship of the committee that sought a new home for APS and that ultimately recommended the Match Factory location. [230]*230Defendant Walker was particularly critical of plaintiff’s cost estimates. Plaintiff alleges these criticisms were defamatoiy.

As previously stated, “[l]ibel is the malicious publication of printed or written matter which tends to blacken a person’s reputation and expose him to public hatred, contempt, or ridicule.” Tucker v. Philadelphia Daily News, supra. To be actionable, the plaintiff “must have suffered the kind of harm which has grievously fractured his standing in the community of respectable society.” Id

The passage in defendant Walker’s April 23, 2007 campaign letter dealing with plaintiff’s political philosophy stated as follows:

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Related

Agar v. Judy
151 A.3d 456 (Court of Chancery of Delaware, 2017)
Balletta v. Spadoni
47 A.3d 183 (Commonwealth Court of Pennsylvania, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
9 Pa. D. & C.5th 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-walker-pactcomplcentre-2009.