Verich v. Vindicator Printing Co.

2002 Ohio 7482, 801 N.E.2d 543, 126 Ohio Misc. 2d 24
CourtTrumbull County Court of Common Pleas
DecidedMarch 11, 2002
DocketNo. 00-CV-1131
StatusPublished
Cited by1 cases

This text of 2002 Ohio 7482 (Verich v. Vindicator Printing Co.) is published on Counsel Stack Legal Research, covering Trumbull County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Verich v. Vindicator Printing Co., 2002 Ohio 7482, 801 N.E.2d 543, 126 Ohio Misc. 2d 24 (Ohio Super. Ct. 2002).

Opinion

W. Wyatt McKay, Judge.

{¶ 1} This matter is before this court upon defendants’ motion to dismiss. The court has reviewed the motion, plaintiffs memoranda contra thereto, and the applicable law.

{¶ 2} Plaintiff Christopher F. Verich was appointed as a state assemblyman to replace his brother Michael Verich. Defendant Bertram de Souza is a columnist for The Vindicator newspaper, which is published daily by defendant The Vindicator Printing Company.

{¶ 8} Plaintiff Christopher Verich has asserted a libel claim based on an article that appeared in a column written by defendant Bertram de Souza and published in The Vindicator newspaper. Specifically, Verich complains about a statement in which defendant de Souza opines that plaintiff had “zero credentials” for his appointment to his brother’s seat in the General Assembly.

{¶ 4} On March 12, 2000, de Souza wrote a column entitled “Praise for the losers? Hardly.” The column commented upon the results of the Democratic [26]*26primaries in Mahoning and Trumbull Counties. Among de Souza’s comments in the March 12, 2000 article, he mentions plaintiffs unsuccessful bid for the democratic nomination and expressed the opinion that plaintiff had “zero credentials” for that position when he was appointed to it when his brother Michael Verich resigned. On June 26, 2000, plaintiff filed this action alleging libel based upon that comment.

{¶ 5} In ruling on a motion pursuant to Civ.R. 12(B)(6), a court must, as a matter of law, accept all of the allegations in the complaint as true. Perez v. Cleveland (1993), 66 Ohio St.3d 397, 613 N.E.2d 199. To grant such a motion, it must appear beyond a reasonable doubt from the complaint that the plaintiff can prove no set of facts entitling him to recovery. Greeley v. Miami Valley Maintenance Contrs., Inc. (1990), 49 Ohio St.3d 228, 551 N.E.2d 981. However, the determination of whether allegedly defamatory language is opinion or fact is a question of law to be decided by the court. Scott v. News-Herald (1986), 25 Ohio St.3d 243, 25 OBR 302, 496 N.E.2d 699.

{¶ 6} Defendants have alleged that the statement regarding plaintiffs credentials is constitutionally protected opinion. Plaintiffs, however, allege that defendants’ remarks were libelous per se.

{¶ 7} Ohio holds that written matter is libelous per se if, on its face, it reflects upon a person’s character in a manner that will cause him to be ridiculed, hated, or held in contempt, or in a manner that will injure him in his trade or profession. When a writing is not ambiguous, the question of whether it is libelous per se is for the court to decide. Becker v. Toulmin (1956), 165 Ohio St. 549, 553, 60 O.O. 502, 138 N.E.2d 391.

{¶ 8} Under Ohio law, for a statement to be defamatory, it must be a statement of fact and not of opinion. Section 11, Article I of the Ohio Constitution provides that “[e]very citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press.”

{¶ 9} Whether allegedly defamatory language is opinion or fact is a question of law for the court to decide. A “totality of the circumstances” test is used to determine whether a statement is fact or opinion. Vail v. Plain Dealer Publishing Co. (1995), 72 Ohio St.3d 279, 649 N.E.2d 182. This is a fluid test that calls for the court to consider the specific language used, whether the statement is verifiable, the general context of the statement, and the broader context in which the statement appeared.

{¶ 10} Attached to plaintiffs complaint and incorporated by reference is a copy of Bertram de Souza’s column. The article appeared in the “Viewpoint” section [27]*27of the March 12, 2000 edition of The Vindicator. In this article entitled “Praise for the losers? Hardly,” de Souza recites his rendition of the outcome of the results for some of the candidates in both Mahoning and Trumbull Counties. Particularly at issue in this case, defendant has this to say about the plaintiff:

“The Verich brothers, who have made slopping at the public trough an art form in Trumbull County, state Rep. Chris Verich lost the Democratic nomination to former Warren Mayor Daniel Sferra. But the real loser was Michael Verich, who held the House seat until he resigned to take an appointment to a state commission when faced with being term limited out. Michael Verich, along with the party hierarchy, anointed Chris, who had zero credentials. Now, Michael must find Chris a job.” See plaintiffs complaint.

{¶ 11} The issue before this court is whether the language under question is categorized as fact or opinion.

{¶ 12} To begin with, the court must look at the context in which defendant de Souza’s comments appear. There can be no question that the general context in which the columnist’s statement were made is opinion. The column appears on the “Viewpoint” page of the newspaper. The word “viewpoint” conveys the message that the reader of this column will be exposed to the personal opinions of the writer, de Souza. This kind of column is distinguished from a news story, which should contain only statements of fact or quotes of others but not the opinion of the writer of the story. Additionally, de Souza’s column appeared at the end of a political campaign, which provided the subject for the column.

{¶ 13} To determine the legal issue, the court must consider the full context of the statements in question. Is this particular column characterized as statements of objective facts or exaggeration? The general theme of defendant’s column is sarcastic in nature, more typical of persuasive speech than factual reporting. Once again, before a reader even begins to read de Souza’s column, he or she must read the all-in-caps word “VIEWPOINT,” which to ordinary readers would imply that this is the author’s opinion of what they are about to read.

{¶ 14} The court must also determine whether the ordinary reader would view de Souza’s words to be language that normally would convey factual information or hype and opinion and whether the language has an ascertainable meaning or is ambiguous. While this court believes that defendant’s language has a precise meaning and would be understood by the ordinary reader for just what it is, his attempt to persuade public opinion of Verich’s credentials, de Souza’s characterization of Verich as having “zero credentials” can hardly be construed as an objective statement. Even when construing all inferences in favor of Verich, this [28]*28single phrase is insufficient to overcome the conclusion that an ordinary reader would believe that defendant’s statement was his own opinion.

{¶ 15} Another question is whether de Souza implies in his article that he has firsthand knowledge that substantiates the opinions he asserts. Where the “statement lacks a plausible method of verification, a reasonable reader will not believe that the statement has specific factual content.” Scott v. News-Herald, 25

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Bluebook (online)
2002 Ohio 7482, 801 N.E.2d 543, 126 Ohio Misc. 2d 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/verich-v-vindicator-printing-co-ohctcompltrumbu-2002.