Wolfe v. Glenn

51 Pa. D. & C.4th 46, 2001 Pa. Dist. & Cnty. Dec. LEXIS 275
CourtPennsylvania Court of Common Pleas, Chester County
DecidedJanuary 19, 2001
Docketno. 95-06483
StatusPublished

This text of 51 Pa. D. & C.4th 46 (Wolfe v. Glenn) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Chester County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolfe v. Glenn, 51 Pa. D. & C.4th 46, 2001 Pa. Dist. & Cnty. Dec. LEXIS 275 (Pa. Super. Ct. 2001).

Opinion

GAVIN, J.,

This is an action for defamation. Presently before the court are the post-trial motions of plaintiffs Alan M. Wolfe and James B. Norton III, as well as the post-trial motion of defendant William T. Glenn Sr. For the reasons that follow, I will deny the motions of Wolfe, Norton and Glenn.

BACKGROUND

The genesis of this lawsuit is an article that appeared in the newspaper the Chester County Daily Local on [48]*48April 20,1995. The article, headlined “Slurs, insults drag town into controversy” involved the fallout from a special meeting of the Parkesburg Borough Council which had been held the previous evening. On that date, council president, plaintiff James Norton, sought to “end the fighting and name calling” which had been occurring at council meetings. The article published comments made by defendant Glenn, then also a member of council, about Norton, Parkesburg Mayor Alan M. Wolfe, and Borough Solicitor James J. Marlowe. In the article, defendant Glenn characterized Wolfe and Norton as “queers” and “child molesters” and quoted him as calling plaintiff Marlowe a “shyster Jew.” The article was written by defendant Tom Kennedy, then an employee of the Daily Local, which is owned by defendant William Caufield and published by defendant Troy Publishing. Plaintiffs subsequently filed suit for defamation and false light invasion of privacy.

Prior to trial, all defendants filed motions for summary judgment. By order dated August 2, 1999, the Honorable Paula Francisco Ott granted defendant Glenn’s motion for summary judgment as to plaintiff Marlowe, and denied the motion as to plaintiffs Norton and Wolfe. Judge Ott also denied the motion for summary judgment filed by Troy Publishing Company, Tom Kennedy and William Caufield, but ordered that the jury at the trial of this matter “be instructed on the fair report privilege.”

Trial began before a jury on March 27, 2000. On March 31, 2000, the jury returned a verdict in favor of plaintiff Norton and against defendant Glenn and awarded $10,000 compensatory and $7,500 punitive [49]*49damages. The jury returned the identical verdict as to plaintiff Wolfe. Defendants Troy Publishing Company, Tom Kennedy and William Caufield (the media defendants) were found not liable to plaintiffs. James Norton and Alan Wolfe have now filed post-trial motions requesting a new trial as to the media defendants. Defendant Glenn has also filed post-trial motions requesting a judgment n.o.v. or a new trial.

DISCUSSION

A judge considering a party’s post-trial motions can order a new trial if he concludes that a factual or legal mistake was made at the trial level and, under the circumstances of the particular case, the mistake formed a sufficient basis to order a new trial. Riccio v. American Republic Insurance Co., 550 Pa. 254, 262, 705 A.2d 422, 425 (1997). Plaintiff Norton has raised 22 matters in his post-trial motion which he claims entitle him to a new trial. Plaintiff Wolfe has raised 18. The matters raised involve only three main issues, however, and will be discussed as such. Norton and Wolfe first argue that the court erred in adopting the neutral reportage privilege.1

Under the neutral reportage doctrine, a reporter is privileged to publish the serious charges of a public official involved in an ongoing controversy and concerning other public officials irrespective of the publisher’s belief as to the falsity of the charges, provided [50]*50that the reporter does not espouse or concur in the charges and in good faith believes that the report accurately conveys the charges made. DiSalle v. P.G. Publishing Company, 375 Pa. Super. 510, 544, 544 A.2d 1345, 1363 (1988). The DiSalle court explained two reasons for the necessity of such a broad privilege at 375 Pa. Super. at 544, 544 A.2d at 1363:

“If the party making the false charge is a public official, it is essential for the public to be informed of the calumny of those upon whom it has bestowed its trust, and thereby to better supervise their conduct. Similarly, if a public figure, embroiled in a controversy, levels false accusations against others involved in the same contest, the public’s ability to weigh the merits of the vying positions is greatly enhanced by the publication of the charges.”

On August 2, 1999, Judge Ott held that the neutral reportage privilege applied to this case, and that any jury hearing the matter was to be instructed on the privilege. Judge Ott determined that the facts of this case “fit squarely” within the privilege as described in DiSalle, and specifically noted that, “the facts of this case cry out to allow the opportunity for the press to repeat what a defaming public official says about his fellow public officials, all of whom are eventual candidates for reelection.” Memorandum opinion at 10.1 have attached a copy of Judge Ott’s opinion as exhibit “A.” Judge Ott’s holding is determinative of the plaintiffs’ first set of claims because of the application of the coordinate jurisdiction rule.

The coordinate jurisdiction rule has long been recognized by the Pennsylvania Supreme Court. Riccio v. [51]*51American Republic Insurance Co., 550 Pa. at 260, 705 A.2d at 425. Under this rule, judges of coordinate jurisdiction sitting in the same case should not overrule each other’s decisions. Id. Thé coordinate jurisdiction rule falls within the law of the' case doctrine, which serves not only to promote the goal of judicial economy, but also operates: “(1) to protect the settled expectations of the parties; (2) to insure uniformity of decisions; (3) to maintain consistency during the course of a single case; (4) to effectuate the proper and streamlined administration of justice; and (5) to bring litigation to an end.” Commonwealth v. Starr, 541 Pa. 564, 574, 664 A.2d 1326, 1331 (1995).

A court may depart from these rules only in “exceptional circumstances” such as where there has been an intervening change in the law, a substantial change in the facts or evidence, or where the prior holding was clearly erroneous and would create a manifest injustice if followed. Id. at 575-76, 664 A.2d at 1332. Since none of these exceptions applies to this case, Judge Ott’s holding that the neutral reportage privilege applied is the law of the case, and the plaintiffs are not entitled to post-trial relief on their claims that the court erred in adopting the neutral reportage privilege.

Plaintiffs’ next group of claims involves the application of the neutral reportage privilege to the facts of this case.2 In this claim of error, plaintiffs object to various of this court’s evidentiary rulings, the limitations [52]*52placed on their arguments to the jury, and to this court’s charge to the jury. Plaintiffs argue that I improperly precluded them from presenting evidence showing abuse of the neutral reportage privilege, including evidence that defendant Glenn was not a responsible source and evidence of the course of conduct between Glenn and defendant Kennedy prior to April 19, 1995.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

New York Times Co. v. Sullivan
376 U.S. 254 (Supreme Court, 1964)
Moure v. Raeuchle
604 A.2d 1003 (Supreme Court of Pennsylvania, 1992)
Campo v. St. Luke's Hospital
755 A.2d 20 (Superior Court of Pennsylvania, 2000)
Commonwealth v. Starr
664 A.2d 1326 (Supreme Court of Pennsylvania, 1995)
Ferry v. Fisher
709 A.2d 399 (Superior Court of Pennsylvania, 1998)
DiSalle v. P.G. Publishing Co.
544 A.2d 1345 (Superior Court of Pennsylvania, 1988)
Mosley v. Observer Publishing Co.
619 A.2d 343 (Superior Court of Pennsylvania, 1993)
Ratti v. Wheeling Pittsburgh Steel Corp.
758 A.2d 695 (Superior Court of Pennsylvania, 2000)
Matson v. Margiotti
88 A.2d 892 (Supreme Court of Pennsylvania, 1952)
Riccio v. American Republic Insurance
705 A.2d 422 (Supreme Court of Pennsylvania, 1997)
Suppan v. Kratzer
660 A.2d 226 (Commonwealth Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
51 Pa. D. & C.4th 46, 2001 Pa. Dist. & Cnty. Dec. LEXIS 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolfe-v-glenn-pactcomplcheste-2001.