Manning v. WPXI, INC.

886 A.2d 1137, 34 Media L. Rep. (BNA) 1072, 2005 Pa. Super. 343, 2005 Pa. Super. LEXIS 3569
CourtSuperior Court of Pennsylvania
DecidedOctober 11, 2005
StatusPublished
Cited by2 cases

This text of 886 A.2d 1137 (Manning v. WPXI, INC.) 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
Manning v. WPXI, INC., 886 A.2d 1137, 34 Media L. Rep. (BNA) 1072, 2005 Pa. Super. 343, 2005 Pa. Super. LEXIS 3569 (Pa. Ct. App. 2005).

Opinions

JOHNSON, J.

¶ 1 In this case, we consider whether the Appellant, Judge Jeffrey A. Manning of the Allegheny County Court of Common Pleas, satisfied the actual malice standard in his defamation suit against WPXI and others arising from WPXI’s broadcast of news reports regarding an incident which occurred at Pittsburgh International Airport. The trial court in this action found that Manning, as a public figure, must prove actual malice on the part of WPXI, reporter David Johnson and producer Scott Newman. Finding that Manning did not prove actual malice, the trial court entered summary judgment in favor of WPXI, Johnson and Newman (“Appel-lees”). Manning appeals the Order, contending that there was sufficient evidence of the falsity and lack of investigation on Appellees’ parts to satisfy the actual malice standard. For the reasons that follow, we affirm the decision of the trial court.

¶ 2 The factual background of this case begins on December 20, 1995, when Manning and his fiancée, Kathleen Murphy, drove Manning’s son, Richard Manning, to Pittsburgh International Airport. Upon arrival at the airport, they proceeded to the main security checkpoint. Manning was holding his son’s garment bag when they reached the security checkpoint. At the checkpoint, Manning was concerned that the garment bag, which was thin plastic and inexpensively made, would tear if it were sent through the magnetometer, i.e., the x-ray machine, in the usual manner. Therefore, Manning asked the x-ray operator, Ursula Riggins, an African-American woman, to be “careful” with the garment bag. Riggins sent the garment bag through the x-ray machine, but when it came through the machine it was torn. When Manning saw the tear he confronted Riggins. The events which transpired thereafter are fiercely disputed by both sides and the subject of the present litigation.

¶ 3 According to Riggins and several other Ogden Security employees, Manning used a racial slur. Following the incident, Riggins provided her employer with two written statements completed the same day as the incident. In the first statement, Riggins attributed the racial slurs to Manning’s son and fiancée, whom Riggins referred to as Manning’s wife. In this initial statement, she noted that “his wife and his son kept giving me the finger (middle) and called me a n-r several times.” In her second statement, Riggins attributed a racial slur to Manning as she explained that Manning called her a “f-g n-r.”

¶ 4 Several other Ogden employees corroborated Riggins’s statement. Bridget Eiselt wrote in a signed statement that “the man was also making racial slurs, he said to his wife and everyone that was listening ‘see give a n-r a job and look how they act.’ ” Michael Melnikof stated in his statement that Manning made “vile, luerid [sic] and intoxicating remarks,” including, “[s]ee what happens when you [1141]*1141give a black person a job.” Additionally, Wayne Boley noted that “[t]here were very racial remarks shouted out by Mr. and Mrs. Manning to PDS Riggins that was [sic] loud enough for many people to hear.” Further, Jeff Match noted that “he began shouting and using racial remarks about Riggins to his wife who was standing by the podium.” Lastly, Susan Grove stated that “he proceeded to make some uncalled-for racial remarks to his wife in a very loud and arrogant manner.”

¶ 5 To the contrary, Manning contends that he did not use a racial slur; rather, he notes that he confronted Riggins in a non-argumentative manner and that Riggins inexplicably became enraged and screamed, “I’m going to kick your ass.” In his amended complaint, Manning conceded that a racial slur was used, but attributed the slur to his fiancée. However, at his deposition, Manning denied hearing his fiancée make any racial slurs.

¶ 6 During the confrontation between Manning and Riggins, Kathleen Murphy left, at Manning’s direction, to find a police officer. Murphy located Sergeant Donald Fox, a professional acquaintance of Manning’s. Shortly thereafter, Sergeant Fox arrived at the site of the confrontation and had to physically separate Manning from Riggins. Sergeant Fox also radioed for assistance, after which, patrolmen Jason Harrison, Jeffrey Mohr, and David Hustler responded. Upon their arrival at the scene, however, the confrontation had ended and Manning, his son, and fiancée had already departed. Patrolman Hustler returned to his post, but Patrolmen Harrison and Mohr remained at the scene and Sergeant Fox directed Patrolman Harrison to write a report of the incident.

¶ 7 Thereafter, Manning’s son and fian-cée returned to the security checkpoint to pick up a piece of luggage they had forgotten. At that time, Patrolman Harrison interviewed Manning’s fiancée about the incident. Patrolman Harrison also interviewed Bridget Eiselt and Riggins. Following the interviews, Patrolman Harrison returned to the police station to complete his report.

¶8 WPXI subsequently learned of the incident involving Manning and Riggins in late December 1995 or early January 1996 when it received three anonymous tips on its investigation hotline. Riggins also called the hotline and left her name and telephone number. Scott Newman, the investigative producer who received Rig-gins’s message, contacted Riggins to discuss the incident. Riggins explained to Newman that Manning had used the word “n-r” during their dispute. Upon hearing Riggins’s description of the incident, Newman initiated an investigation.

¶ 9 Newman first went to Riggins’s home where he taped an on-camera interview with Riggins in which she again stated that Manning called her a “n-r” during the incident. Thereafter, Newman learned that written statements of the incident completed by security employees existed; Newman eventually obtained the reports on or about January 10, 1996. Newman then arranged an on-camera group interview of the five employee eyewitnesses: Mike Melnikof, Bridget Eiselt, Jeff Match, Frank Aiello, and Wayne Bo-ley. David Johnson, a reporter at WPXI, conducted the interview. During the interview, all five witnesses confirmed that Manning had used the word “n-r” in reference to Riggins during the incident.

¶ 10 Newman and Johnson next attempted to speak with Manning about the incident and went to the courthouse in Pittsburgh to request an interview. Manning refused to meet with them, and instead, Newman and Johnson spoke with Manning’s attorney, Gary Zimmerman, Esquire. Zimmerman told them that [1142]*1142Manning had not used a racial slur during the confrontation, but offered no other details or explanation regarding the incident.

¶ 11 The deposition of Attorney Gary Zimmerman provides the main thrust of Manning’s defamation claim. On January 22,1996, following their initial conversation at the courthouse, Zimmerman spoke with Newman over the telephone, and informed Newman that the police report indicated that Manning had not used any racial slurs; rather, Zimmerman told Newman that the police report stated that Manning’s fiancée had used a racial slur directed at Riggins. On January 23, 1996, Zimmerman contacted Newman to inquire as to whether he planned on running the story in light of the police report.

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Bluebook (online)
886 A.2d 1137, 34 Media L. Rep. (BNA) 1072, 2005 Pa. Super. 343, 2005 Pa. Super. LEXIS 3569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manning-v-wpxi-inc-pasuperct-2005.