McKee v. Laurion

825 N.W.2d 725, 2013 WL 331558, 2013 Minn. LEXIS 38
CourtSupreme Court of Minnesota
DecidedJanuary 30, 2013
DocketNo. A11-1154
StatusPublished
Cited by31 cases

This text of 825 N.W.2d 725 (McKee v. Laurion) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McKee v. Laurion, 825 N.W.2d 725, 2013 WL 331558, 2013 Minn. LEXIS 38 (Mich. 2013).

Opinion

OPINION

PAGE, Justice.

This case presents the narrow question of whether the court of appeals erred in concluding that six allegedly defamatory statements made by appellant Dennis Lau-rion regarding an encounter with respondent David McKee, M.D., survive summary judgment. We hold that none of the six statements is actionable either (1) because there is no genuine issue of material fact as to the falsity of the statements or (2) because the statements are not capable of conveying a defamatory meaning that would harm respondent’s reputation and lower him in the estimation of the community. Therefore, we reverse.

On April 17, 2010, Kenneth Laurion, the father of Dennis Laurion (Laurion), was admitted to St. Luke’s Hospital in Duluth after suffering a hemorrhagic stroke. On April 19, Kenneth Laurion was transferred from the intensive care unit (ICU) of St. Luke’s to a private room. The attending physician arranged for Dr. McKee, a neurologist, to examine Kenneth Laurion. Dr. McKee had never met Kenneth Laurion before he examined him on April 19.

Three family members were present in Kenneth Laurion’s hospital room when Dr. McKee’s examination began: Laurion, his mother, and his wife. The examination lasted no longer than 20 minutes, during which time Dr. McKee made certain statements and acted in a manner that, as a whole, the Laurions perceived as rude and insensitive. After Kenneth Laurion had been discharged from the hospital, Laurion posted the following statements regarding Dr. McKee on various “rate-your-doctor” websites:

My father spent 2 days in ICU after a hemorrhagic stroke. He saw a speech therapist and a physical therapist for evaluation. About 10 minutes after my father transferred from ICU to a ward room, Dr. McKee walked into a family visit with my dad. He seemed upset that my father had been moved. Never having met my father or his family, Dr. McKee said, “When you weren’t in ICU, I had to spend time finding out if you transferred or died.” When we gaped at him, he said, “Well, 44% of hemorrhagic strokes die within 30 days. I guess this is the better option.” My father mentioned that he’d been seen by a physical therapist and speech therapist. Dr. McKee said, “Therapists? You don’t need therapy.” He pulled my father to a sitting position and asked him to get out of bed and walk.[ ] When my father said his gown was just hanging from his neck without a back, Dr. McKee said, “That doesn’t matter.” My wife said, “It matters to us; let us go into the hall.” Five minutes later, Dr. McKee strode out of the room. He did not talk to my mother or myself. When I mentioned Dr. McKee’s name to a friend who is a nurse, she said, “Dr, McKee is a real tool!”

Laurion also sent letters to a variety of medically-affiliated institutions complaining about Dr. McKee’s conduct. The letters included substantially the same statements communicated in the online postings. According to Laurion, his purpose in sending the letters was to get somebody to tell Dr. McKee (1) that he exhibited “poor behavior” and (2) that the recipients “don’t like getting letters like this.”

[729]*729After learning of Laurion’s online postings from another patient, Dr. McKee commenced this action against Laurion, asserting claims for defamation per se and interference with business. Dr. McKee’s complaint alleged that 11 statements from Laurion’s online postings and letters were defamatory. After some discovery, Lau-rion moved for summary judgment seeking dismissal of Dr. McKee’s lawsuit. The district court granted Laurion’s motion and dismissed Dr. McKee’s claims with prejudice, concluding that, as a whole, the statements lacked defamatory meaning and that, individually, the statements were either protected opinion, substantially true, or too vague to convey a defamatory meaning.

The court of appeals affirmed the district court’s dismissal of the interference with business claim, but reversed the district court with respect to six of the allegedly defamatory statements posted online by Laurion. McKee v. Laurion, No. A11-1154, 2012 WL 177371, at *6-7 (Minn.App. Jan. 23, 2012). As to those six statements, the court concluded that (1) the statements were factual assertions and not opinions, (2) there were genuine issues of material fact as to the statements’ falsity, and (3) the statements tended to harm Dr. McKee’s reputation. Id. at *2-6. The actionable statements identified by the court of appeals are as follows:

• Statement 1: Dr. McKee said he had to “spend time finding out if you [Kenneth Laurion] were transferred or died.”
Statement 2: Dr. McKee said, “44% of hemorrhagic strokes die within 30 days. I guess this is the better option.”
• Statement 3: Dr. McKee said, “You [Kenneth Laurion] don’t need therapy.”
• Statement ⅛: Dr. McKee said, “[I]t doesn’t matter” that the patient’s gown did not cover his backside.
Statement 5: Dr. McKee left the room without talking to the patient’s family.
• Statement 6: A nurse1 told Laurion that Dr. McKee was “a real tool!”2

Id. at *6.

We review the district court’s grant of summary judgment de novo. Riverview Muir Doran, LLC v. JADT Dev. Grp., LLC, 790 N.W.2d 167, 170 (Minn.2010). Our task is to determine whether genuine issues of material fact exist and whether the district court correctly applied the law. Id. We view the evidence in the light most favorable to the party against whom summary judgment was granted. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993). No genuine issue for trial exists when “‘the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party.’ ” DLH, Inc. v. Russ, 566 N.W.2d 60, 69 (Minn.1997) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

To establish the elements of a defamation claim in Minnesota, a plaintiff must prove that: (1) the defamatory statement was “communicated to someone other than the plaintiff’; (2) the statement is false; (3) the statement tends to “harm the plain[730]*730tiffs reputation and to lower [the plaintiff] in the estimation of the community,” Bahr v. Boise Cascade Corp., 766 N.W.2d 910, 919-20 (Minn.2009); and (4) “the recipient of the false statement reasonably understands it to refer to a specific individual.” State v. Crawley, 819 N.W.2d 94, 104 (Minn.2012).

Statements 1, 2, & ⅛

Truth is a complete defense to a defamation action and “true statements, however disparaging, are not actionable.” Stuempges v. Parke, Davis & Co., 297 N.W.2d 252, 255 (Minn.1980).

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Bluebook (online)
825 N.W.2d 725, 2013 WL 331558, 2013 Minn. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-v-laurion-minn-2013.