McFadden v. US Fidelity and Guar. Co.

766 So. 2d 20, 2000 WL 666692
CourtCourt of Appeals of Mississippi
DecidedMay 23, 2000
Docket1998-CA-01244-COA
StatusPublished
Cited by11 cases

This text of 766 So. 2d 20 (McFadden v. US Fidelity and Guar. Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McFadden v. US Fidelity and Guar. Co., 766 So. 2d 20, 2000 WL 666692 (Mich. Ct. App. 2000).

Opinion

766 So.2d 20 (2000)

Dr. John McFADDEN, Appellant,
v.
UNITED STATES FIDELITY AND GUARANTY COMPANY and Roger Lawson, Appellees.

No. 1998-CA-01244-COA.

Court of Appeals of Mississippi.

May 23, 2000.
Certiorari Denied August 24, 2000.

*21 Jim Waide, David Chandler, Victor Israel Fleitas, Tupelo, Martin D. Crump, Hamilton, Attorneys for Appellant.

Lauren J. Hutchins, David L. Sanders, Columbus, Attorneys for Appellees.

EN BANC.

ON MOTION FOR REHEARING

McMILLIN, C.J., for the Court:

¶ 1. The motion for rehearing is denied. The original opinion is withdrawn and the following is substituted. This matter comes before this Court after the trial court granted the defendants a directed verdict at the close of the plaintiff's case. The plaintiff, John W. McFadden, was seeking actual and punitive damages from the defendants, Roger Lawson and his employer, United States Fidelity and Guaranty Company, for common law slander and malicious interference with business relationship based upon certain statements allegedly made by Lawson maligning McFadden's ability as a medical doctor. We conclude that the trial court was correct to direct a verdict as to the malicious interference with business relationship claim but that the court erred in directing a defendant's verdict on the slander claim. Therefore, we affirm in part and reverse and remand in part.

I.

Facts

¶ 2. Judy Gilliland was injured in a motor vehicle accident. U.S.F. & G. Company provided liability coverage for the driver of the vehicle shown to be at fault in the accident, and Lawson was assigned as the insurance adjuster to attempt to settle Gilliland's claim for her injuries. In the course of a telephone conversation between Gilliland and Lawson concerning her medical condition, Gilliland reported that she was being treated by McFadden for her injuries. According to Gilliland, Lawson referred to McFadden by a derogatory appellation and told her that, if she persisted in seeing McFadden for treatment, Lawson was unwilling to work further with her on settling her claim. There was some initial uncertainty on Gilliland's part as to whether Lawson referred to McFadden as a "crackpot" or as a "quack," but at trial Gilliland testified that she recalled Lawson using both terms on different occasions.

¶ 3. Gilliland testified that, though she strongly disagreed with Lawson's contemptuous view of McFadden's professional abilities, she felt constrained to seek alternate medical treatment since she was looking to U.S.F. & G. for payment of those costs and she understood Lawson's statements to mean that she could not expect any consideration for expenses relating to care by McFadden. Ultimately, Gilliland was seen by another physician in regard to her complaints arising out of the *22 accident. Gilliland testified that she informed McFadden of Lawson's comments when she telephoned to cancel a pending appointment and thereby end her course of treatment.

¶ 4. McFadden commenced this action claiming two alternate theories of recovery: the first being an action for slander, alleging that the use of the term "crackpot" or "quack," when made in the context of discussing McFadden's suitability as a treating physician for Gilliland's injuries, was slanderous per se as tending to diminish his esteem as a physician or to excite adverse or derogatory feelings against him in his professional capacity. Secondly, McFadden alleged that Lawson's derogatory remarks, in combination with threats to be uncooperative in settling Gilliland's claim against his employer's insured if she persisted in seeking treatment from McFadden, constituted a tortious interference with business relationship.

¶ 5. McFadden, prior to commencement of trial, abandoned any claim that he suffered an economic loss due to Lawson's alleged defamatory remarks; thereby confining his claim for damages for slander to (a) his alleged loss of reputation with Gilliland and those persons to whom Gilliland related Lawson's statements, and (b) his emotional distress occasioned by learning of Lawson's statements. McFadden continued to pursue his separate claim for tortious interference with business relationship, but it is clear from the record that this separate claim was limited to the loss of Gilliland as a patient for treatment of those injuries specific to the accident since McFadden neither alleged nor offered any evidence that his professional practice was harmed or damaged in any additional ways.

¶ 6. McFadden called only two witnesses during his case-in-chief. They were Gilliland and McFadden himself. After McFadden rested, the trial court granted the defendants' motion for a directed verdict. As to the allegedly slanderous remarks made by Lawson in calling McFadden a "crackpot" and a "quack," the trial court, for reasons not entirely apparent, characterized the use of those words as "offhand remarks" and concluded that, even assuming that such statements were made, McFadden's proof did not "give rise to sufficient evidence that would sustain a jury's verdict in this case on a slander issue." No further rationale was offered by the trial court for its decision to grant a directed verdict on the slander claim.

¶ 7. As to the claim for tortious interference with business relationship, the trial court observed that actual damage was an essential element of that claim and concluded that McFadden had offered no evidence of any actual damages suffered to an existing or anticipated business relationship as a result of Lawson's statements to Gilliland.

¶ 8. McFadden has appealed the trial court's decision to this Court, asking that we reverse and remand for a new trial as to both causes of action. As we have already indicated, we conclude that McFadden's appeal on the slander claim has merit, but that the tortious interference claim was properly removed from the jury's consideration because of a fundamental failure in the plaintiff's proof going to damages.

II.

The First Issue: Tortious Interference with Business Relationship

¶ 9. We see no particular need to belabor this issue to any great extent. Mississippi case law has recognized this tort and prior decisions indicate that there are four essential elements to establishing such a claim. The plaintiff must demonstrate by a preponderance of the evidence:

(a) that the acts complained of were intentional and wilful;
(b) that the acts complained of were calculated to damage the plaintiff in his lawful business;
*23 (c) that the acts were done for the unlawful purpose of causing economic loss without right or justifiable cause; and
(d) that actual damage and loss resulted from the acts.

MBF Corp. v. Century Business Communications, Inc., 663 So.2d 595, 598 (Miss. 1995); Freeman v. Huseman Oil Int'l, Inc., 717 So.2d 742 (¶ 6) (Miss.1998).

¶ 10. When reviewing a trial judge's decision to grant a directed verdict, an appellate court is required to consider the evidence in the light most favorable to the party against whom the verdict was directed. MBF Corp., 663 So.2d at 598; Harris v. Shields, 568 So.2d 269, 275 (Miss.1990). Viewing the evidence in that light, it is arguably correct that McFadden presented sufficient evidence as to the first three elements of his claim to avoid a directed verdict.

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Bluebook (online)
766 So. 2d 20, 2000 WL 666692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfadden-v-us-fidelity-and-guar-co-missctapp-2000.