Williams v. Chesapeake Publishing Corp.

646 A.2d 1031, 101 Md. App. 263, 1994 Md. App. LEXIS 120
CourtCourt of Special Appeals of Maryland
DecidedAugust 31, 1994
DocketNo. 1341
StatusPublished
Cited by1 cases

This text of 646 A.2d 1031 (Williams v. Chesapeake Publishing Corp.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Chesapeake Publishing Corp., 646 A.2d 1031, 101 Md. App. 263, 1994 Md. App. LEXIS 120 (Md. Ct. App. 1994).

Opinion

FISCHER, Judge.

Appellant, David M. Williams (“Williams”), appeals from a motion for judgment in favor of appellee, Chesapeake Publishing Corporation. Williams initiated this defamation action in the Circuit Court for Kent County and argues that the trial court was clearly erroneous in granting appellee’s motion for [266]*266judgment at the end of appellant’s case. We initially issued an unreported decision in this case on April 25, 1994. Subsequent thereto, appellant filed a motion for reconsideration. After consideration of that motion and the response thereto, we have concluded that the motion should be granted. We, therefore, withdraw our initial opinion and issue this opinion in its place.

FACTS

In May 1985, Williams circulated a letter, throughout Talbot County and among members of the Maryland' Legislature, warning voters that the legislature was attempting to eliminate their constitutional right to elect state court judges.

In June 1985, Williams received a telephone call from Pat Emory, a reporter for appellee. Williams testified that the reporter said she intended to publish the letter in the newspaper, and she wanted some background information. The discussion centered around Williams’ personal custody case pending in Talbot County, which had not been mentioned in the letter. Williams told the reporter that the custody dispute was based on false allegations of child abuse, and he outlined those allegations. Williams suggested that the reporter look at the court documents to verify that the allegations were false. Appellee published a story reporting on the telephone interview but did not publish the “Dear Voter” letter. Appellant contends that this article contained defamatory statements, including assertions that he had abused his child and committed assault and battery. In July 1985, appellant filed a defamation action in the United States District Court for the District of Maryland. This action was stayed pending proceedings in state court in appellant’s underlying custody suit. In December 1990, the federal suit for defamation against appellee was dismissed for lack of jurisdiction. Appellant then refiled his defamation action against appellee in state court in January, 1991. Appellee moved to dismiss the action arguing that it was barred by the statute of limitations. This motion was denied on April 25, 1991.

[267]*267On February 23, 1993, the trial court granted appellee’s motion for partial summary judgment, determining that Williams is a public figure for purposes of this case. A jury trial ensued, and appellee’s motion for judgment was granted after presentation of the plaintiffs case. The trial court ruled as a matter of law that the article, taken as a whole, was not defamatory; that, even taking the arguably defamatory paragraphs out of context, there was no proof that they were false; and that, assuming the article was defamatory and false, there was no evidence of actual malice.

DISCUSSION

Before “a public figure may recover for defamation, clear and convincing evidence must establish that the statements in issue were: (1) defamatory in meaning; (2) false; and (3) made with ‘actual malice.’ ” Batson v. Shiflett, 325 Md. 684, 722, 602 A.2d 1191 (1992). “A defamatory statement is one which tends to expose a person to public scorn, hatred, contempt or ridicule, thereby discouraging others in the community from having a good opinion of, or from associating or dealing with, that person.” Batson, 325 Md. at 722-723, 602 A.2d 1191. The question of whether an article is defamatory is one of law to be determined by the court, and the article must be considered in its entirety. Batson, 325 Md. at 723, 602 A.2d 1191; Hohman v. A.S. Abell Co., 44 Md.App. 193, 197, 407 A.2d 794 (1979). “If words are capable of more than one meaning or a defamatory meaning could be inferred, then the meaning to be attributed to them is a question of fact for the jury.” Batson, 325 Md. at 723, 602 A.2d 1191. In addition, the test is whether the words, taken in their common and ordinary meaning, are capable of defamatory construction. Bowie v. Evening News, 148 Md. 569, 574, 129 A. 797 (1925). “A false statement is one which is not substantially correct. ... The burden of proving falsity is on the plaintiff; truth is not an affirmative defense.” Batson, 325 Md. at 726, 602 A.2d 1191. “ ‘Actual malice,’ ... is established by clear and convincing evidence that a statement is made ‘with knowledge that it was false or with reckless disregard of whether it was [268]*268false or not.’ ” Batson, 325 Md. at 728, 602 A.2d 1191 (citing New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964)).

I.

Appellee argues that this action is barred by the statute of limitations. “An action for ... libel, or slander shall be filed within one year from the date it accrues.” Md. Code (1974, 1989 Repl.Vol.), § 5-105 of the Courts and Judicial Proceedings article. The newspaper articles that appellant claims are defamatory were published in June and July of 1985. Appellant filed this complaint on January 17, 1991. Appellant argues that Rule 2-101(b) saves him from dismissal. Rule 2-101(b) provides in pertinent part:

[I]f an action is filed in United States District Court ... within the period of limitations prescribed by Maryland law and the foreign court enters an order of dismissal for lack of jurisdiction ... an action filed in this State within 30 days after the foreign court’s order of dismissal shall be treated as timely filed in this State.

This provision of the rule became effective July 1, 1992. Appellant filed his state court action in January, 1991.

The issue of retroactivity of a statute was addressed by the Court of Appeals in Washington Suburban Sanitary Commission v. Riverdale Fire Co., 308 Md. 556, 520 A.2d 1319 (1987), in which the Court recognized the general rule that “statutes are presumed to operate prospectively and are to be construed accordingly” and that “the presumption against retrospectivity is rebutted only where there are clear expressions in the statute to the contrary.” WSSC, 308 Md. at 560-561, 520 A.2d 1319.

The Court also discussed its decision in Janda v. General Motors Corp., 237 Md. 161, 205 A.2d 228 (1964), which involved a statute with terms clearly reflecting a retroactive intent. In Janda, 237 Md. at 168, 205 A.2d 228, the Court stated the “[vjarious rules ... formulated ...

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Related

Chesapeake Publishing Corp. v. Williams
661 A.2d 1169 (Court of Appeals of Maryland, 1995)

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Bluebook (online)
646 A.2d 1031, 101 Md. App. 263, 1994 Md. App. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-chesapeake-publishing-corp-mdctspecapp-1994.