Menefee v. Columbia Broadcasting System, Inc.

329 A.2d 216, 458 Pa. 46, 74 A.L.R. 3d 290, 1974 Pa. LEXIS 694
CourtSupreme Court of Pennsylvania
DecidedOctober 16, 1974
DocketAppeal, 413
StatusPublished
Cited by50 cases

This text of 329 A.2d 216 (Menefee v. Columbia Broadcasting System, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Menefee v. Columbia Broadcasting System, Inc., 329 A.2d 216, 458 Pa. 46, 74 A.L.R. 3d 290, 1974 Pa. LEXIS 694 (Pa. 1974).

Opinions

Opinion by

Mr. Justice O’Brien,

Bobert Menefee, whose executrix is the appellant here, was for twenty years a radio personality in and around Philadelphia. Since 1960, he was employed by radio station WCAU in Philadelphia, which is wholly owned by the Columbia Broadcasting System, Inc. In the summer of 1967, Menefee, who referred to himself as “opinionated but lovable,” conducted a one-man talk show from 7:30 p.m. to 10:00 p.m. daily, in which he discussed topics of public interest or controversy. On August 25, 1967, WCAU, through its general manager, John O. Downey, and its Director, Michael Grant, who is also a Vice President of CBS, Inc., exercised a right to terminate Menefee’s employment on thirteen weeks’ notice, opting to pay him an additional salary rather than continue him in his position for that period. That same day, Grant informed newsmen that Menefee had been fired “because of poor ratings garnered by his nighttime talk show.” Several articles subsequently appeared to the same effect in the Philadelphia magazines and newspapers.

Menefee, on January 16, 1968, filed an action in the Court of Common Pleas of Montgomery County against [49]*49CBS, Inc., and Grant, alleging that the statements to newsmen falsely conveyed “to the public and the broadcasting industry that plaintiff was unable to draw an adequate listening audience, was incapable of earning satisfactory ratings for his program and was therefore incompetent in the performance of his assigned broadcasting duties.”

The complaint further alleged that, as a result, “plaintiff has been forced to undergo trouble, inconvenience, loss of time and economic hardship in attempting to seek redress and overcome the damage caused by defendants’ actions and has suffered extreme mental anguish thereby, all to his great financial loss and damage.”

Thereafter, Menefee discovered additional information relating to his discharge by WCAU. In May, 1967, during his talk show, Menefee apparently said something unpleasant about Veterans of Foreign Wars Post 1507 and the Freedoms Foundation. Three officials of the latter organization and the VFW Post Commander soon met with Downey and Grant of WCAU and apparently communicated their displeasure at Menefee’s continued employment by that station. In light of this discovery, Menefee, in 1970, filed a second complaint in Montgomery County, alleging, inter alia, that the defendants, CBS, Inc., Grant (both already defendants in the 1968 action), Downey, the Freedoms Foundation and three of its officers, and VFW Post 1507 and its Commander had agreed “in various combinations . . . to secure the termination of plaintiff’s employment and publicly to issue as the reason therefor plaintiff’s alleged inability to secure satisfactory program ratings, thereby maliciously, illegally and unlawfully injuring plaintiff in his profession as a radio broadcast personality.”1 The complaints in the 1970 suit allege [50]*50that by reason of the conspiracy to injure him in his profession, Menefee “was wrongfully discharged from his employment and caused to undergo severe financial loss, injury, and professional embarrassment as well as difficulty in securing further employment as a radio personality in the Philadelphia area,” and that as a result of the conspiracy to interfere with his contract rights, Menefee “has been caused to suffer a loss of his business and occupation as a radio broadcast personality and to suffer great mental anguish, anxiety and depression with consequent injury to his reputation, character and earning capacity, for all of which plaintiff claims general, compensatory and punitive damages.”

The two actions were consolidated and pretrial preparation proceeded (apparently largely through the taking of depositions), but Menefee died on November 9, 1971, one day before trial was to begin. Defendants in the 1968 suit then moved for judgment on the pleadings; defendants in the 1970 suit moved for summary judgment. Both motions were based primarily on the ground that the causes of action pleaded did not survive Menefee’s death. Menefee’s wife, Barbara Menefee, appellant herein, was made executrix of his estate and was substituted as plaintiff.

The trial court held that: (1) the first action (1968) against CBS, Inc., and Grant did not survive Menefee’s death by virtue of the Act of April 18, 1949, P. L. 512, art. VI, §601, 20 P.S. §320.601, which provided: “All causes of action or proceedings, real or personal, except actions for slander or libel, shall survive the death of the plaintiff or of the defendant, or the death of one or more joint plaintiffs or defendants,”2 (2) that the part of the second action (1970), which alleged a conspiracy to make the statements charged in the first [51]*51action, likewise did not survive because a cwil action for conspiracy required damage and the damage could arise only from the defamation and no action would lie for the defamation; and (3) that the part of the second action which alleged (as against CBS, Inc., Downey and Grant) a conspiracy to interfere with contractual relations could not lie because CBS, Inc., under the contract had a legal right to terminate on thirteen weeks’ notice and defendants Downey and Grant were merely the agents through which CBS, Inc., acted. Plaintiff was left, therefore, with an action against Freedoms Foundation, YFW, and the officers of those organizations for tortious interference with his contract.

Menefee’s executrix appealed the dismissal as to CBS, Inc., Grant and Downey in both actions to the Superior Court, which affirmed in an opinionless, per curiam order. The case now comes to us after we granted appellant’s petition for allocatur.

The policy behind the Legislature’s decision to exclude actions for slander and libel from those personal actions which survive the death of the plaintiff can be best explained by an examination of the historical origins of those actions of defamation. Both slander and libel are actions arising from, in the words of the heading of Chapter 24 of the Restatement of Torts, “Invasions of Interest in Reputation.” One of the purposes behind the imposition of liability for publication of defamatory statements is to enable the person defamed to restore his reputation by forcing his accuser into open court to prove the truth of his accusations. At common law, such actions always abated at death, because, as one analyst has explained: “. . . justice does not require a windfall to the plaintiff’s heirs by way of compensation for an injury to him when they have suffered none of their own, together with the contention that since one party is dead and the other necessarily [52]*52not disinterested the truth will be difficult to ascertain in court.”3

Were the causes of action which are the subject of the instant appeals seeking compensation solely for damage to decedent’s general reputation, there can be no doubt that both causes of action would abate. There is, however, a separate tort committed by one who disparages a property right of another so as to cause pecuniary loss.

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Cite This Page — Counsel Stack

Bluebook (online)
329 A.2d 216, 458 Pa. 46, 74 A.L.R. 3d 290, 1974 Pa. LEXIS 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/menefee-v-columbia-broadcasting-system-inc-pa-1974.