West v. Thomson Newspapers

835 P.2d 179, 188 Utah Adv. Rep. 31, 20 Media L. Rep. (BNA) 1329, 1992 Utah App. LEXIS 109, 1992 WL 113614
CourtCourt of Appeals of Utah
DecidedMay 28, 1992
Docket910066-CA
StatusPublished
Cited by13 cases

This text of 835 P.2d 179 (West v. Thomson Newspapers) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West v. Thomson Newspapers, 835 P.2d 179, 188 Utah Adv. Rep. 31, 20 Media L. Rep. (BNA) 1329, 1992 Utah App. LEXIS 109, 1992 WL 113614 (Utah Ct. App. 1992).

Opinions

OPINION

BENCH, Presiding Judge:

Terry West appeals the dismissal of his libel claims against the defendants. West brought suit for statements made in three different articles published in The Daily Spectrum newspaper. We affirm in part and reverse in part.

BACKGROUND

Appellee Rick Guldan, a reporter for The Daily Spectrum, wrote two articles that were critical of West, the mayor of the small Utah town of La Verkin. Among other accusations and criticisms, the articles criticized West for opposing the purchase of a municipal power plant by the town before his election, but then reversing his position once elected. The trial court found that the articles implied that West adopted the politically popular view in order to get elected and that the connotation of the articles was that West was “a liar and the worst kind of political cheat.”

In his first article, Guldan also questioned West’s ability to “keep the facts straight.” Guldan reported that when there had been a break-in at a business owned by West, West had initially told the police that nothing was missing, but the police report subsequently indicated that several rugs valued at approximately $7,000 had been taken. West’s insurance claim, according to Guldan, valued the rugs at approximately $13,000. The trial court found that the story implied that West filed a fraudulent insurance claim.

Following publication of the first article, West met with the publisher of the paper, appellee Don Hogun, and challenged the factual accuracy of the article. In particular, he stated that he had always supported municipal power and that prior to the-election he had sent to the citizens of La Ver-kin a letter indicating his support. Hogun was provided with a copy of the letter to the citizens. West also gave Hogun a rebuttal “letter to the editor” challenging the many issues raised in Guldan’s article.

Hogun consulted the paper’s local counsel who indicated that the story about the insurance claim was actionable because it was factual and therefore warranted a retraction if false, but that the statements regarding West’s position on municipal power constituted protected opinion and no retraction was necessary, even if the statements were false.

The Daily Spectrum then ran a retraction of the story involving the $13,000 insurance claim but did not retract its statements concerning West’s change in position on municipal power. Instead, Guldan wrote a second article challenging the points addressed in West’s rebuttal letter which was published in the letters to the editor section that same day. In particular, Guldan asserted that if West was not in fact opposed to municipal power prior to the election, then he “certainly did a masterful job of creating an illusion he was.”

[182]*182Several months following publication of the foregoing articles, appellee Brent Goo-dey, the managing editor of The Daily Spectrum, wrote an article titled “How I came to ‘love’ La Verkin’s mayor.” Goo-dey indicated his frustration with West and La Verkin’s planning commission chairman, Phil Phillips, whom Goodey portrayed as West’s “political enemy.” Goodey accused them both of “repeated, and not too subtle attempts to manipulate the press.” Goo-dey then recounted the efforts of both West and Phillips to have the paper publish their versions of events in La Verkin politics.

West brought suit for the statements regarding his purported change in position on municipal power, the insurance claim story, and the charge of attempting to manipulate the press.

STANDARD OF REVIEW

Part of this case comes to us as an appeal of a summary judgment granted under Utah Rule of Civil Procedure 56.

Our standard of review when considering challenges to a summary judgment is settled. A grant of summary judgment is appropriate only when no genuine issues of material fact exist and the moving party' is entitled to judgment as a matter of law. In determining whether the trial court correctly found that there was no genuine issue of material fact, we view the facts and inferences to be drawn therefrom in the light most favorable to the losing party. And in deciding whether the trial court properly granted judgment as a matter of law to the prevailing party, we give no deference to the trial court’s view of the law; we review it for correctness.

Ron Case Roofing & Asphalt Paving, Inc. v. Blomquist, 773 P.2d 1382, 1385 (Utah 1989) (citations omitted). Furthermore, “[w]e accord no deference to the trial court’s conclusion that the facts are not in dispute_” Kitchen v. Cal Gas Co., 821 P.2d 458, 460 (Utah App.1991).

The remainder of the case comes to us as an appeal from a dismissal under Utah Rule of Civil Procedure 12(b)(6).

A motion to dismiss is appropriate only where it clearly appears that the plaintiff or plaintiffs would not be entitled to relief under the facts alleged or under any state of facts they could prove to support their claim. In determining whether the trial court properly granted the motion, we must accept the factual allegations in the complaint as true and consider all reasonable inferences to be drawn from those facts in a light most favorable to the plaintiff.

Prows v. Department of Financial Insts., 822 P.2d 764, 766 (Utah 1991) (citations omitted).

RULE 54(b)

The claim against Guldan regarding his initial insurance story remains before the trial court.1 The trial court certified all other claims as final and appealable under rule 54(b) of the Utah Rules of Civil Procedure.2 If a trial court improperly grants rule 54(b) certification, however, this court does not have jurisdiction to hear the appeal. See Kennecott Corp. v. Utah State Tax Comm’n, 814 P.2d 1099, 1100 (Utah 1991). Since the propriety of rule 54(b) certification presents a jurisdictional question, we raise it sua sponte. Id.3 Whether [183]*183an order is eligible for rule 54(b) certification is a question of law that we review for correctness. Id.

Our first inquiry is whether the claims against Guldan for his municipal power statements constitute claims that are separate from the claim against Guldan for the erroneous insurance story. In Ken-necott, the Utah Supreme Court adopted the Seventh Circuit’s approach for determining whether there are multiple claims. See Kennecott, 814 P.2d at 1104. In simplified terms, the inquiry is whether there is a substantial factual overlap between the issues certified for appeal and the issues remaining before the trial court. The supreme court indicated that this inquiry may generally be satisfied by determining whether the resolution of an issue on appeal would constitute res judicata of an issue remaining below. Id. at 1104-05.

The substance of West’s lawsuit is that Guldan defamed him several times. West’s multiple claims, therefore, are not simply multiple legal theories being applied to the same act. Cf. Kennecott, 814 P.2d at 1100. Each alleged defamation is a separate injury giving rise to a separate and distinct claim.

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West v. Thomson Newspapers
835 P.2d 179 (Court of Appeals of Utah, 1992)

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835 P.2d 179, 188 Utah Adv. Rep. 31, 20 Media L. Rep. (BNA) 1329, 1992 Utah App. LEXIS 109, 1992 WL 113614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-thomson-newspapers-utahctapp-1992.