Sarandrea v. Sharon Herald Co.

30 Pa. D. & C.4th 199, 1996 Pa. Dist. & Cnty. Dec. LEXIS 343
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedJanuary 31, 1996
Docketno. 1206 of 1993, C.A.
StatusPublished

This text of 30 Pa. D. & C.4th 199 (Sarandrea v. Sharon Herald Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sarandrea v. Sharon Herald Co., 30 Pa. D. & C.4th 199, 1996 Pa. Dist. & Cnty. Dec. LEXIS 343 (Pa. Super. Ct. 1996).

Opinion

PRATT, J.,

— The defendants in this defamation action have presented the court with a motion for summary judgment.

The plaintiff, John Sarandrea, brought the action in response to two articles published in The Sharon Herald, a daily newspaper owned and operated by the defendant, Sharon Herald Company, trading and doing business as The Herald, Ottaway Newspapers Inc. The first article, authored by co-defendant Rod Pallerino, a freelance writer, was published on December 13, 1992; the second, written by co-defendant Lynn Satemow, sports editor for the Herald, was published on May 30, 1993. In addition to the articles, plaintiff also contends that a poster placed on commercial newspaper racks and used to promote the December 13,1992 article was defamatory.

The defendants maintain that the pleadings, depositions, answers to interrogatories, admissions and affidavits filed in this case fail to establish that the publications at issue are capable of a defamatory meaning. The defendants also maintain, in the alternative, that summary judgment should be granted, because the published articles are privileged under the First Amendment, as the plaintiff is a public figure or a limited public figüre and the pleadings do not reveal any evidence of “actual malice.”

[202]*202Pa.R.C.P. 1035 provides that summary judgment

“shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Pa.R.C.P. 1035(b).

In passing upon a motion for summary judgment, it is not part of the court’s function to resolve issues of fact, but solely to determine whether there is a genuine issue of material fact. Ritmanich v. Jonnel Enterprises Inc., 219 Pa. Super. 198, 280 A.2d 570 (1971). Even an uncontradicted affidavit will not support a grant of summary judgment because of the factual issues it raises concerning the credibility of the affidavit. Penn Center House Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900 (1989); Curran v. Philadelphia Newspapers Inc., 497 Pa. 163, 439 A.2d 652 (1981). A defendant may support a motion for summary judgment by pointing to sources in the record which indicate that the plaintiff is unable to establish a necessary element of his or her cause of action. Eckenrod v. GAF Corp., 375 Pa. Super. 187, 544 A.2d 50 (1988).

In a defamation action, the plaintiff has the burden of proving the defamatory character of the communication, its publication by the defendant, its application to the plaintiff, an understanding by the reader or listener. of its defamatory meaning, and an understanding by the reader or listener of an intent by the defendant that the statement referred to the plaintiff. Smith v. Wagner, 403 Pa. Super. 316, 588 A.2d 1308 (1991). Under Pennsylvania law, it is for the court to determine, in the first instance, whether the communication complained of is capable of a defamatory meaning. Allen [203]*203Organ Co. v. Galanti Organ Builders Inc., 798 F. Supp. 1162 (E.D. 1992).

“[A] communication is defamatory if it tends [so] to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” Wecht v. PG Publishing Co., 353 Pa. Super. 493, 497, 510 A.2d 769, 771 (1986), citing Restatement (Second) of Torts §559 (1977). However, statements which are merely annoying or embarrassing are not defamatory. Id. at 500, 510 A.2d at 773. The test of whether a particular publication is defamatory is: “the effect of the [entire] article is fairly calculated to produce, the impression it would naturally engender in the minds of the average person among whom it is intended to circulate.” Id. at 499, 510 A.2d at 772.

An inspection of the December 13, 1992 Herald article in light of this standard shows that the article intended to present a balanced view of the issues presented by the transfer of two student athletes from a high school in Texas to the New Castle, Pennsylvania high school where the plaintiff coaches. If anything, the article is overbalanced in favor of the plaintiff. The article consists largely of quotes by the plaintiff regarding his side of the controversy surrounding the Texas transfers. Plaintiff does not allege that he was misquoted in the article, and neither plaintiff’s complaint nor plaintiff’s brief ascribes a specific defamatory meaning to the statements in the article. In fact, plaintiff’s brief favorably contrasts the December 13, 1992 article with the rack card promoting it and the May 30, 1993 article written by co-defendant Satemow. Plaintiff’s brief in opposition to motion for summary judgment at 44-45. Plaintiff contends that the rack card and the Satemow article are defamatory because they allege [204]*204that plaintiff engaged in “illegal recruiting” but, as plaintiff’s brief concedes, “the Pallerino article does not even use the word ‘recruit. ’ "Id. Therefore, we conclude that the December 13, 1992 article by defendant Rod Pallerino is not capable of a defamatory meaning.

The plaintiff does ascribe a specific defamatory meaning to the promotional poster placed on newspaper racks prior to publication of the Pallerino article. The rack card is defamatory, according to the plaintiff, because it suggests that the Texas transfer students were “recruited” in violation of high school athletics rules. Plaintiff’s brief in opposition to motion for summary judgment at 31. The communication in question states:

THE STORM OVER THE HURRICANES
New Castle Coach John Sarandrea is stirring up controversy with 2 hot recruits from the Lone Star State.
Read about it
Dec. 13, only in . . . The Sunday Herald

Whereas the December 13 article merely observes that changes to the basketball program at the New Castle high school have been accompanied by controversy, the rack card suggests that the plaintiff has played an active role in triggering or stimulating that controversy. The December 13 article also uses the neutral phrase “Texas transfers” to refer to the team’s two new standout basketball players, whereas the rack card uses the more highly charged phrase, “2 hot recruits.”

Obviously, the rack card does not sustain the neutral tone of reporting found in the December 13 article. Similarly, no one would mistake the May 30, 1993 piece written by sports editor Lynn Satemow for neutral reporting.

[205]*205The headline to the May 30 column proclaimed:

ALLEGED LINK OF EX-PITT AIDE SARANDREA IS NO SURPRISE TO AREA FANS

The column went on to state that Coach Sarandrea was being investigated by the NCAA for alleged recruiting violations involving New York City star basketball player Jamal Faulkner. The violations allegedly occurred while Sarandrea was an assistant basketball coach at the University of Pittsburgh. The column continued,

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30 Pa. D. & C.4th 199, 1996 Pa. Dist. & Cnty. Dec. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sarandrea-v-sharon-herald-co-pactcompllawren-1996.