Salamone v. HOLLINGER INTERN., INC.

807 N.E.2d 1086, 347 Ill. App. 3d 837, 283 Ill. Dec. 245
CourtAppellate Court of Illinois
DecidedMarch 30, 2004
Docket1-02-2492
StatusPublished
Cited by19 cases

This text of 807 N.E.2d 1086 (Salamone v. HOLLINGER INTERN., INC.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Salamone v. HOLLINGER INTERN., INC., 807 N.E.2d 1086, 347 Ill. App. 3d 837, 283 Ill. Dec. 245 (Ill. Ct. App. 2004).

Opinion

807 N.E.2d 1086 (2004)
347 Ill. App.3d 837
283 Ill.Dec. 245

Joseph SALAMONE, Plaintiff-Appellant,
v.
HOLLINGER INTERNATIONAL, INC.; Chicago Sun-Times, Inc.; Chris Fusco, Individually and as Agent of Chicago Sun-Times, Inc. and Hollinger International, Inc., Defendants-Appellees.

No. 1-02-2492.

Appellate Court of Illinois, First District, Second Division.

March 30, 2004.

*1088 Stephen Fiorentino, of Stephen Fiorentino, Ltd., and David A. Novoselsky and Leslie J. Rosen, of Novoselsky Law Offices, Chicago, for Appellant.

Damon E. Dunn, of Funkhouser Vegosen Liebman & Dunn Ltd., Chicago, for Appellee.

Justice CAHILL delivered the opinion of the court:

The dispute in this case arose from a news article published in the Chicago Sun-Times on March 7, 2001, headlined Mob links hurt Rosemont casino bid. Plaintiff Joseph Salamone, who was referred to in the article as a "reputed organized crime figure," filed a defamation and false light invasion of privacy action against Chris Fusco, Chicago Sun-Times, Inc., and Hollinger International, Inc. The trial court dismissed the action under section 2-615 of the Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2000)). We affirm.

Here, in full, is the article on which the complaint is based:

"Mob links hurt Rosemont casino bid
The Illinois Gaming Board Tuesday released more than a dozen pages of reasons for revoking Emerald Casino's state gambling license and denying its request to open a Rosemont gambling barge.
Mob ties, lies by company executives and a decision to begin building the Rosemont casino without gaming-board approval all were cited in two legal orders from the board.
Their release set off what could be a long battle in the northwest suburb. Emerald is denying the board's allegations and plans to file an appeal, which it must do by the end of business Tuesday.
*1089 The company disagrees with the preliminary findings and intends to file its response,' Emerald [p]resident Kevin Larson said in a news release. Emerald officials declined to comment further.
The company, the board said, failed to conduct a proper investigation before allowing a trust held by Sherri Boscarino, wife of reputed mobster, Nick Boscarino, to get a stake in the planned casino. Joseph Salamone, another reputed organized crime figure, was another investor.
Gaming Board investors also learned that one of the subcontractors working on the casino site was D & P Construction. The owner of that company, Josephine DiFronzo, is married to Peter DiFronzo and is the sister-in-law of John DiFronzo, both of whom have been connected to the mob, according to the gaming board.
Emerald's decision to hammer out an agreement with Rosemont to begin construction compromised its financial integrity and business practices, the board ruled. Emerald already has spent $25 million on the project.
The board also cited misleading statements by principal owners Kevin Flynn and his father, Donald, regarding the selection of Rosemont as a site." (Emphasis added.) Chris Fusco, Mob links hurt Rosemont casino bid Chicago Sun-Times, March 7, 2001, at NP 27.

Plaintiff filed a first amended complaint on January 11, 2002, alleging defamation per se, defamation per quod and false light invasion of privacy against all three defendants. Defendants moved to dismiss the complaint under section 2-615 of the Code for failure to state a claim on which relief can be granted. The trial court granted the motion, finding that the phrase "reputed organized crime figure" was vague and capable of an innocent construction.

A dismissal under section 2-615 of the Code is reviewed de novo. Brandt v. Boston Scientific Corp., 204 Ill.2d 640, 644-45, 275 Ill.Dec. 65, 792 N.E.2d 296 (2003). When ruling on a section 2-615 motion to dismiss, the court must accept as true all well-pled facts in the complaint and reasonable inferences drawn therefrom. Bryson v. News America Publications, Inc., 174 Ill.2d 77, 86, 220 Ill.Dec. 195, 672 N.E.2d 1207 (1996). If, after viewing the allegations in the light most favorable to the plaintiff the complaint fails to state a cause of action on which relief can be granted, the motion should be granted. Bryson, 174 Ill.2d at 86, 220 Ill.Dec. 195, 672 N.E.2d 1207.

A statement is defamatory if it tends to cause such harm to the reputation of another that it lowers that person in the eyes of the community or deters third persons from associating with that person. Bryson, 174 Ill.2d at 87, 220 Ill.Dec. 195, 672 N.E.2d 1207. A statement may be either defamatory on its face or proven defamatory through extrinsic facts that demonstrate the statement has a defamatory meaning. Bryson, 174 Ill.2d at 87, 220 Ill.Dec. 195, 672 N.E.2d 1207. A statement may be actionable per se if it is defamatory on its face and fits in one of the limited categories outlined by our supreme court. Bryson, 174 Ill.2d at 87, 220 Ill.Dec. 195, 672 N.E.2d 1207. Included in these categories are: (1) words that impute the commission of a crime; and (2) words that prejudice a party or impute lack of ability in his trade, profession or business. Bryson, 174 Ill.2d at 88, 220 Ill.Dec. 195, 672 N.E.2d 1207. If the defamatory statement is actionable per se, the plaintiff need not plead or prove actual damages. Bryson, 174 Ill.2d at 87, 220 Ill.Dec. 195, 672 N.E.2d 1207. These statements "are thought to be so obviously and materially harmful to the plaintiff that *1090 injury to [the plaintiff's] reputation may be presumed." Bryson, 174 Ill.2d at 87, 220 Ill.Dec. 195, 672 N.E.2d 1207.

The innocent construction rule is an exception to the actionable per se categories: where a statement falls within one of the recognized categories of words that are actionable per se, but is reasonably capable of an innocent construction, the statement will not be found actionable per se. Bryson, 174 Ill.2d at 90, 220 Ill.Dec. 195, 672 N.E.2d 1207. The innocent construction rule requires consideration of the statement in context, giving the words, and their implications, their natural and obvious-meaning. Bryson, 174 Ill.2d at 90, 220 Ill.Dec. 195, 672 N.E.2d 1207.

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Bluebook (online)
807 N.E.2d 1086, 347 Ill. App. 3d 837, 283 Ill. Dec. 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/salamone-v-hollinger-intern-inc-illappct-2004.