Stine v. Walter

29 Pa. D. & C.4th 193, 1996 Pa. Dist. & Cnty. Dec. LEXIS 361
CourtPennsylvania Court of Common Pleas, York County
DecidedMarch 13, 1996
Docketno. 95-SO-05221-01
StatusPublished

This text of 29 Pa. D. & C.4th 193 (Stine v. Walter) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stine v. Walter, 29 Pa. D. & C.4th 193, 1996 Pa. Dist. & Cnty. Dec. LEXIS 361 (Pa. Super. Ct. 1996).

Opinion

KENNEDY, J.,

This matter comes before the court on defendant’s preliminary objections to plaintiff’s complaint, specifically Counts II and III, seeking dismissal of those counts for failure to state a cause of action.

On November 20, 1995, plaintiff filed suit against defendant as a result of receipt of a letter dated June 10, 1994. (See exhibit A.) Plaintiff alleges that the defendant was the writer of the letter. Said correspondence appears to be an official document from the Department of State of the Commonwealth of Pennsylvania. The letter informs plaintiff that she has been listed as being sexually active with a person known to have acquired immune deficiency syndrome. In addition to advising plaintiff of her responsibility to seek medical attention to verify her health status, the letter also advised that plaintiff was obligated to notify persons with whom she had been sexually active during the last five years. Plaintiff told third parties of her situation before she learned that the letter was a fake. Plaintiff filed suit under the following theories:

“Count I. Intentional infliction of emotional distress and outrageous conduct causing severe emotional distress.

“Count II. Defamation.

“Count III. Invasion of privacy.

“Count IV. Fraud/fraudulent misrepresentation.

“Count V. Punitive damages.”

Plaintiff admits in her pleadings that she republished the defamatory letter to third parties.

The basis for the objections is that under 42 Pa.C.S. §8343(a) publication of defamatory material must be done by the defendant. Self-publication has not been recognized in Pennsylvania, heretofore, as satisfying [195]*195the statutory requirements. Both parties provided briefs in support of their positions, and oral argument was heard on February 27, 1996. For the following reason, the court dismisses defendant’s preliminary objections but instructs plaintiff to file a more specific pleading as to Count III.

LEGAL ANALYSIS

Preliminarily, the defendant is correct in her assertion that Pennsylvania has not recognized a defamation cause of action based on self-publication. However, a review of recent Pennsylvania case law in this area persuades the court to conclude that, under the proper set of circumstances, self-publication may be recognized as sufficient publication in a suit for defamation. Yetter v. Ward Trucking Corp., 401 Pa. Super. 467, 585 A.2d 1022 (1991), appeal denied, 529 Pa. 623, 600 A.2d 539 (1991); Ritter v. Pepsi Cola Operating Co., 785 F. Supp. 61 (M.D. Pa. 1992). We believe the proper set of circumstances is now before this court.

Under current Pennsylvania law, the plaintiff in a defamation action has the burden of proving: (1) defamatory character of communication; (2) its publication by defendant; (3) its application to plaintiff; (4) understanding by recipient of its defamatory meaning; and (5) understanding by recipient of it as intended to be applied to plaintiff. Weinstein v. Bullick, 827 F. Supp. 1193 (E.D. Pa. 1993). Since the gist of an action for libel or slander is injury to the plaintiff’s reputation, publication — that is communication of the defamatory matter to one other than the person defamed — is an essential element of actionable defamation. 62 A.L.R.4th 620 §2(a). The general rule is that the originator of the statement, or in this case the letter, cannot be held liable for the plaintiff’s action in repeating the statement or letter to one or more third parties. However, there are exceptions to this rule under certain circumstances. [196]*196The facts and circumstances of each case must be examined carefully to determine if an exception applies.

In Yetter v. Ward Trucking Corp., supra, a former employee brought action against the employer for alleged wrongful discharge and defamation. The lower court had granted preliminary objections in favor of the defendant, for plaintiff’s failure to state a cause of action in both the wrongful discharge and defamation counts. Plaintiff appealed, relying on cases from other jurisdictions and the Restatement (Second) of Torts §577, urging the court to hold that the publication requirement is met where the defendant makes the defamatory statement to the plaintiff who later is compelled to communicate the defamatory matter to a third party, and it was foreseeable to the defendant that the plaintiff would be compelled to publish the matter. Defendant responded that the wording of section 8343(a)(2) was clear and unambiguous and the plain meaning of the text requires that the publication must be by the defendant. The Superior Court agreed with the defendant <but made these instructive comments:

“Although we do not read section 8343(a)(2) as prohibiting a claim of defamation based on compelled self-publication, we have carefully reviewed Pennsylvania law on defamation and under the particular circumstances posed by this case, we decline to adopt appellant’s novel cause of action.” Yetter v. Ward Trucking Corp., supra at 471, 585 A.2d at 1024. (emphasis added)

The Yetter court went on to explain that Pennsylvania recognizes the absolute privilege of employers to publish defamatory matter in notices of employee termination. However, the employer can abuse the privilege by publication of the defamatory material to unauthorized third parties. The purpose of the absolute privilege is to encourage the employer’s communication to the employee of the reasons for discharge by eliminating the risk that the employer will possibly be subject to liability [197]*197or defamation. Id. In Yetter, the plaintiff published the information contained in a termination letter, which he claimed was defamatory, to his wife, other relatives and prospective employers during interviews. If the court allowed liability to attach to those instances where it was foreseeable that a discharged employee would repeat the defamatory reasons for his discharge to a prospective employer during a job interview, it would totally defeat the employer’s absolute privilege to communicate to the employee the reasons for his discharge. Under these circumstances, the court really had little choice but to hold that where the defamatory action rests on the publication of an employee termination letter by the employer to the employee only, the requirement that the defamatory matter be published by the defendant is not met through proof of compelled self-publication. Id. at 472, 585 A.2d at 1025.

Of considerable import is the next statement made by the court after its holding:

“We express no view as to whether under a different set of circumstances, compelled self-publication of the defamatory material by the defamed person, rather than by the defendant, to a third party will suffice.” Id.

In Ritter v. Pepsi Cola Operating Co., supra, the court was faced with a similar employee/employer termination/defamation question. The only differences in Ritter were that the employee resigned, and the supposed defamatory reasons causing his resignation were orally communicated to him rather than through a letter. Again, the court refused to recognize a defamation cause of action based on compelled self-publication by an employee under those circumstances. Ritter v.

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Related

Weinstein v. Bullick
827 F. Supp. 1193 (E.D. Pennsylvania, 1993)
Yetterant v. Ward Trucking Corp.
585 A.2d 1022 (Superior Court of Pennsylvania, 1991)
Ritter v. Pepsi Cola Operating Co.
785 F. Supp. 61 (M.D. Pennsylvania, 1992)
McKinney v. County of Santa Clara
110 Cal. App. 3d 787 (California Court of Appeal, 1980)
Hedgepeth Ex Rel. Hedgepeth v. Coleman
111 S.E. 517 (Supreme Court of North Carolina, 1922)
State v. . Parker
11 S.E. 517 (Supreme Court of North Carolina, 1890)
Hardwick Savings Bank & Trust Co. v. Drenan
44 A. 347 (Supreme Court of Vermont, 1899)
Crane v. Darling
44 A. 359 (Supreme Court of Vermont, 1899)

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Bluebook (online)
29 Pa. D. & C.4th 193, 1996 Pa. Dist. & Cnty. Dec. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stine-v-walter-pactcomplyork-1996.