Lawson v. Stow

2014 COA 26, 327 P.3d 340, 2014 WL 974878, 2014 Colo. App. LEXIS 442
CourtColorado Court of Appeals
DecidedMarch 13, 2014
DocketCourt of Appeals No. 13CA0134
StatusPublished
Cited by331 cases

This text of 2014 COA 26 (Lawson v. Stow) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawson v. Stow, 2014 COA 26, 327 P.3d 340, 2014 WL 974878, 2014 Colo. App. LEXIS 442 (Colo. Ct. App. 2014).

Opinion

Opinion by

JUDGE J. JONES

[1 Plaintiffs, Kenneth M. Lawson, II, and Megan E. Lawson, appeal from the district court's judgment against them on their defamation and negligence per se claims against defendant, William R. Stow, IV. We reverse the judgment as to one statement supporting the defamation claim, remand for further findings as to that statement, and otherwise affirm.

I. Background

12 Ms. Lawson and Mr. Stow were married to each other from 2008 until January 2011. A few days after the dissolution of that marriage, Ms. Lawson married Mr. Lawson. '

13 Pursuant to the decree of dissolution, Mr. Stow had parenting time with the children of the marriage-a daughter (K) born in October 2005, a son born in March 2007, and another son born in October 2008-on weekends and during other blocks of time. It appears that Ms. Lawson had primary physical custody of the children.

T4 In December 2010, Mr. Stow learned that the Lawsons intended to move to Texas with the children. On April 6, 2011, he received a letter from Ms. Lawson confirming [344]*344that the Lawsons intended to move to Texas with the children, perhaps in June 2012. Mr. Stow did not want the children to move, and he anticipated litigation over relocating the children.

5 On April 17, 2011, Mr. Stow telephoned the Colorado Department of Human Services Child Welfare Division (DHS). He told the person taking the call that: (1) K had told him Mr. Lawson had hit her on the head; and (2) K had a bump on her head.

T6 Two days later, Ms. Lawson filed a motion in the dissolution case to permit her to relocate to Texas with the children.

T7 That same day, a social services caseworker met with Mr. Stow regarding his report. Mr. Stow repeated what he had previously reported on April 17. The caseworker met with K and examined her head, but did not detect a bump. The caseworker also spoke with Mr. Stow's tenant, who said she had heard K tell Mr. Stow that Mr. Lawson had hit K on the head. Over the next few weeks, the caseworker met with and spoke to Mr. Stow, Ms. Lawson, Mr. Lawson, the children, and others concerning the report.

T8 At trial, the caseworker testified that she was not formally investigating an allegation of child abuse, but was instead performing a "family assessment" to determine whether K was at risk. She also testified that the reports prepared pursuant to such an assessment are not public records-only the parents are allowed to see the reports.1

19 In mid-May 2011, the caseworker closed the assessment without taking or recommending any action.

T 10 On November 14, 2011, after the court had denied Ms. Lawson's motion for permission to relocate the children, Mr. Stow telephoned the Arvada Police Department (APD) to report a threat against him. He subsequently told an officer that Ms. Lawson had posted the following statement on Facebook: "Re-post this if there is someone that is still alive because you don't want to go to prison."2 He said he "felt" that the Facebook post was a threat against his life and that he had a "gut feeling" that Ms. Lawson would want him dead. Mr. Stow further explained why he perceived the Facebook post as a threat against his life, bringing up the possibility of retaliation for the court's ruling on Ms. Lawson's motion for permission to relocate and identifying prior alleged events and incidents involving Ms. Lawson. After speaking with Ms. Lawson, the officer determined that the Facebook post was not a "valid threat" against anyone and took no further action on the report.

{11 The Lawsons filed suit against Mr. Stow, asserting a variety of claims. As relevant here, the Lawsons asserted a defamation claim and a negligence per se claim. At trial, the Lawsons' attorney clarified that the defamation claim was limited to three alleged statements: (1) Mr. Stow's statement to a social services representative on April 17, 2011, that K had told him Mr. Lawson had hit her on the head; (2) Mr. Stow's statement to a social services representative on April 17, 2011, that K had a bump on her head; and (3) Mr. Stow's statement to the APD officer on November 14, 2011, that he "felt as though [the Facebook post] was a threat to him directly." The negligence per se claim was based on the theory that Mr. Stow's statement to the APD officer was a false report of a crime in violation of section 18-8-111, C.R.98.2018. Though the Lawsons did not specify which part of section 18-8-111 Mr. Stow had violated, it seems clear that they relied on subsection (1)(b), which specifically proseribes false reports of crimes to law enforcement authorities.3 The Law-sons asserted that the statute creates a standard of care, and that if a person breaches that standard, a tort claim may be asserted by an injured party.

T12 These claims were tried to the court. The court issued a written order in which it [345]*345found and concluded, as relevant here, as follows:

e Mr. Stow's statements to DHS on April 17, 2011, related to matters of public concern because they were allegations of child abuse. Therefore, the Lawsons were required to prove that those statements were false by clear and convincing evidence.
@The Lawsons had not proved by clear and convincing evidence that those statements were false.
@ Mr. Stow's statement to the APD officer on November 14, 2011, related to a matter of public concern because "police reports are matters of public concern."
@ Mr. Stow's statement to the officer could not be construed as a statement of fact because it relayed what he "felt." Thus, it could not be disproved and was not actionable.
e Even if the statement was capable of being disproved, the Lawsons had not proved by clear and convincing evidence that Mr. Stow "did not feel that [the Facebook post] was a threat directed to him."
e Because section 18-8-111 is not intended to protect individuals, the Lawsons could not base a negligence per se claim on Mr. Lawson's alleged violation of that statute.
@The Lawsons had not proved that Mr. Stow had violated section 18-8-111 or that they had incurred any actual damages as a result of any such violation.

113 Based on these findings and conclusions, the court entered judgment in Mr. Stow's favor on the defamation and negli-genee per se claims.

114 The Lawsons appeal the district court's judgment on these claims. Specifically, they contest the court's legal conclusions that (1) the three statements at issue related to matters of public concern; (2) Mr. Stow's statement to the APD officer could not be disproved because it was not a statement of fact; and (8) a violation of section 18-8-111(1)(b) cannot support a negligence per se claim.

II Discussion

A. Defamation

1. General Principles

115 "Defamation is a communication that holds an individual up to contempt or ridicule thereby causing him to incur injury or damage." Keohane v. Stewart, 882 P.2d 1293, 1297 (Colo.1994). A common law cause of action for defamation exists to protect individuals from such injury or damage. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
2014 COA 26, 327 P.3d 340, 2014 WL 974878, 2014 Colo. App. LEXIS 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-stow-coloctapp-2014.